Attachment I - Development Agreement — Lancaster City Council, October 14, 2025 (part 1 of 6)

PRE-ANNEXATION DEVELOPMENT AGREEMENT
[No. 24-001]
between

CITY OF LANCASTER
and
NP AV LOGISTICS CENTER, L.P.
concerning portions of the

NORTH LANCASTER INDUSTRIAL SPECIFIC PLAN
[Areas 2, 4, 6, 7 and 8]

TABLE OF CONTENTS

1. Definitions......................................................................................................................... 2

2. Pre-Annexation Obligations and Commitments; Annexation of Project Property ........... 4

3. Development Standards for the Project Property .............................................................. 5

4. Acknowledgments, Agreements, and Assurances of Owner ............................................ 8

5. Acknowledgments, Agreements, and Assurances of City ................................................ 9

6. Cooperation and Implementation .................................................................................... 11

7. Financing of Public Improvements Following Annexation ............................................ 13

8. Compliance; Termination; Modifications and Amendments .......................................... 16

9. Term of Agreement ......................................................................................................... 19

10. Vesting Tentative Maps and Other Development Approvals ......................................... 19

11. Administration and Resolution of Disputes .................................................................... 19

12. Transfers and Assignments ............................................................................................. 21

13. Mortgage Protection........................................................................................................ 22

14. Notices ............................................................................................................................ 23

15. Severability ..................................................................................................................... 24

16. Binding Effect ................................................................................................................. 24

17. Project is a Private Undertaking ..................................................................................... 24

18. Time of Essence .............................................................................................................. 24

19. Force Majeure ................................................................................................................. 24

20. Waiver ............................................................................................................................. 25

21. No Third Party Beneficiaries .......................................................................................... 25

22. Attorneys’ Fees ............................................................................................................... 25

23. Incorporation of Exhibits ................................................................................................ 25

24. Authority to Execute; Binding Effect ............................................................................. 25

25. Entire Agreement; Conflicts ........................................................................................... 25

26. Remedies ......................................................................................................................... 25

PRE-ANNEXATION DEVELOPMENT AGREEMENT
(Development Agreement No. 24-001)
THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT (this “Agreement”) is made in Los Angeles County, California, as of __________ ___, 2025, by and between the CITY OF LANCASTER , a California charter city and municipal corporation ( “City”), and NP AV LOGISTICS CENTER LP, a Delaware limited partnership (“Owner). The City and Owner are sometimes referred to herein individually as a “ Party” and/or collectively as the “Parties.”

RECITALS
A. The City is authorized, pursuant to sections 65864 through 65869.5 of the California Government Code to enter into binding development agreements with persons or entities having a legal or equitable interest in real property in order to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the private and public cost of development and establish certainty in the development process.

B. Owner is the record fee owner of certain real property located in the County of Los Angeles, State of California, within the City’s sphere of influence, as more particularly described on the attached Exhibit “A” (“Property”).

C. The City anticipates and is planning for the annexation of certain property to the City, including the Property. The City has adopted a pre-annexation General Plan and zoning designations, including a specific plan, for the Property. Owner plans to develop the Property in accordance with the pre-annexation General Plan and zoning as generally depicted on the attached Exhibit “B”, covering Specific Plan No. 24-002 (“Specific Plan”) Planning Areas 2, 4, 6, 7 and 8 (“Project”). The P arties intend for this Agreement to set forth the terms and conditions of the proposed annexation of the Property.

D. Pursuant to section 65867.5 of the California Government Code, the City Council finds that this Agreement: (i) implements the goals and policies of the City's General Plan, providing balanced and diversified land uses and imposing appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the City; (ii) is in the best interests of and not in detriment to the public health, safety and general welfare of the res idents of the City and the surrounding region; (iii) is consistent with the City's General Plan and constitutes a present exercise of the City's police power; and (iv) is being entered into pursuant to and in compliance with the requirements of section 65867 of the California Government Code.

E. In consideration of the significant public improvements and benefits to be provided by the Project as more specifically set forth in this Agreement and in order to strengthen the public financing, expedite the planning process and reduce the economic costs of development, by this Agreement the City desires to provide Owner with assurance that Owner can proceed with development of the Project pursuant to the terms and the conditions of this Agreement.

2 F. Owner has applied for and the City has approved this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of the City, create a development project sensitive to human needs and values, f acilitate efficient traffic circulation, provide for the orderly annexation of the Property to the City, and develop the Project.

G. This Agreement will bind the Parties to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and California law, the future exercise of the City’s ability to delay, postpone, preclude or regulate development on the Project Property.

H. The following actions were taken with respect to the approval of this Agreement and Project:
• Certification of the Final Environmental Impact Report for the Westside Annexation and North Lancaster Industrial Specific Plan; • Adoption of a Statement of Overriding Considerations; • Approval of Annexation No 24-002;
• Approval of General Plan Amendment No. 24- 002;
• Approval of Prezoning No. 24-001; and
• Approval of Specific Plan No. 24-002 (collectively, “Existing Development Approvals”).

I. Owner represents to the City that, as of the Effective Date, it is the owner of the Property, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record.

J. The Property is located in the unincorporated area of the County of Los Angeles.

It is intended that the City will annex an area that includes the Property and pending annexation, shall concurrently with this Agreement approve General Plan Amendment No. 24-002, Prezoning No. 24-001, and Specific Plan No. 24 -002, all of which govern development of the Project and are conditioned upon completion of the annexation.

NOW, THEREFORE, pursuant to the authority contained in state law and the Lancaster Municipal Code and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, and for other consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. Definitions. In this Agreement, the following terms have the following meanings:

1.1 “Annexation Date” means the date the LAFCO Certificate of Compliance is recorded.

3 1.2 “City” means the City of Lancaster, California.

1.3 “Development Agreement Statutes ” means sections 65864 through 65869.5 of the California Government Code.

1.4 “Development Approvals ” include the Existing Development Approvals and all permits, licenses, consents, rights and privileges, entitlements and other actions subject to approval or issuance by the City in connection with development of the Project including without limitation: the environmental impact report ( “EIR”); pre-annexation General Plan amendments ; zoning designations; specific plan approval; tentative and final tract and parcel maps; variances; conditional or other use permits ; site plan reviews; director’s reviews; and grading and building permits. The Existing Development Approvals are attached as Exhibit “C.”

1.5 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.6 “DIF” shall have the meaning in Section 5.3.

1.7 “Discretionary Actions” and “Discretionary Approvals” are actions which require the exercise of judgment or a discretionary decision, and which contemplate and authorize the imposition of revisions or additional conditions by the City including any board, commission, or department of the City and any officer or employee of the City; as opposed to actions which in the process of approving or disapproving a permit or other entitlement merely requires the City, including any board, commission, or department of the City and any officer or employee of the City, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval.

1.8 “Effective Date” is the date the o rdinance adopted by the City Council approving this Agreement becomes effective, provided that Owner has not prior to such date delivered to the City a written notice of cancellation of this Agreement. This Agreement is not binding or effective prior to the Effective Date. The Parties intend that the Effective Date of this Agreement shall be delayed by the pendency of any referendum regarding the approval of General Plan Amendment No. 24-002, Prezoning No. 24-001 or Specific Plan No. 24-002, and that Owner shall have the right to send a written notice of cancellation to the City at an y time for any reason in its absolute discretion prior to the Effective Date.

1.9 “Existing Development Approvals” shall have the meaning set forth in Recital H.

1.10 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date and includes the Land Use Regulations incorporated herein as Exhibit “ D” and all other Land Use Regulations which are a matter of public record on the Effective Date, as the same may have been modified or superseded pursuant to the Existing Development Approvals or this Agreement.

4 1.11 “Freeze Period” shall have the meaning set forth in Section 5.3.

1.12 “Future Approvals ” means any action in implementation of development of the Project that requires a Discretionary Approval, including, without limitation, tentative/final tract and parcel maps, development plans, variances and conditional use permits. Upon approval of any Future Approvals, they shall become part of the Development Approvals, and Owner shall have a “vested right,” as that term is defined under California law, in and to such Future Approvals by virtue of this Agreement.

1.13 “Offsite Interest” shall have the meaning set forth in Section 6.9.

1.14 “Operative Date” means the date after the Effective Date when the Local Agency Formation Commission records the LAFCO Certificate of Completion (“Annexation Date”).

1.15 “Outside Agency” shall have the meaning set forth in Section 6.7.

1.16 “Property” shall have the meaning set forth in Recital B.

1.17 “Project” shall have the meaning set forth in Recital C.

1.18 “Reservations of Authority” means the rights and authority reserved to City under Section 3.3 of this Agreement and not a part of the assurances and rights provided to Owner under this Agreement.

1.19 “Regulatory Change” shall have the meaning set forth in Section 3.2.

1.20 “Required Public Improvements” shall have the meaning set forth in Section 5.2.

1.21 “Specific Plan” means City Specific Plan No. 24-002.

1.22 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement that are adopted in accordance with the Development Plan and the requirements of this Agreement, including the Reservation of Authority.

1.23 “Term” shall have the meaning set forth in Section 10.

1.24 “Third Party Challenges” shall have the meaning set forth in Section 6.4.

2. Pre-Annexation Obligations and Commitments; Annexation of Property.

After the Effective Date of this Agreement, consistent with the covenants, terms and conditions of this Agreement, the City will initiate proceedings under the Cortese -Knox-Hertzberg Local Government Reorganization Act of 2000, Cal. Gov’t Code §§ 56000-57550, for the annexation of an area that includes th e Property. City and Owner agree to take such subsequent actions as

5 may be reasonably required to complete the annexation under such conditions as are imposed by the by Los Angeles County Local Agency Formation Commission and reasonably acceptable to Owner and the City. The City and Owner acknowledge that it is their mutual intent to accomplish the annexation. In the event that the City and Owner reasonably determine that annexation cannot be accomplished in a manner that fulfills the intent of this Agreement, then they shall confer in good faith to attempt to agree upon an alternative plan for the annexation and to amend this Agreement accordingly. In any event, absent amendment of this Agreement, the annexation shall be completed within 5 years of the Effective Date.

The Parties acknowledge that the Development Approvals are material to their agreement to annex the Property to the City and that the City is relying on the Development Approvals being implemented through to construction as a condition to agreeing to the annexation. The City shall be under no obligation to annex any portion of the Property if Owner determines not to develop such portion. As a condition precedent to completion of annexation of the Property, the P arties agree that they shall not take any action to modify or overturn the Development Approvals, or impede their implementation, nor take any other action inconsistent with the Development Approvals prior to completion of the annexation and the effectiveness of this Agreement as a development agreement, except as the Parties may otherwise agree in writing.

In reliance upon the representations and covenants herein, the Parties agree to support the annexation of the Property to the City, including to cooperate in: (i) good faith to promptly take all actions to effectuate the annexation; (ii) obtaining the consents of other landowners whose land may be included in any proposed annexation of the Property; (ii i) providing for the orderly transfer of jurisdiction over the Project from the County of Los Angeles to the City to avoid duplication of effort and any delay in processing occasioned by the annexation; and (i v) completing the annexation, subdivision and development as contemplated by this Agreement.

3. Development Standards for the Project

3.1 Vested Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, Owner shall have a vested right to develop the Project on the Property during the Term of this Agreement in accordance with, and to the extent of, the Development Plan. City covenants that it will not initiate, so long as this Agreement remains in effect, any amendment to the General Plan, the Project’s zoning as established in the Development Plan or the Specific Plan in a manner that is contrary to the provisions of this Agreement. Except as otherwise provided in this Agreement, the permitted uses of the Property shall include construction of commercial and/or industrial buildings and appurtenant structures, installation of all improvements and infrastructure reasonably incident thereto, and all other uses permitted under the Development Plan and this Agreement, and the density or intensity of use of the Property and the maximum height and size of proposed buildings shall be as set forth in the Development Plan. Provisions for reservation or dedication of land for public purposes applicable to the Property shall be those set forth in Section 6.9 and Exhibit “E” of this Agreement and the Development Plan. Owner shall have the right to increase the density and intensity of use of any

6 portion of the Property by a transfer of density or floor area from other portions of the Property in excess of the density and intensity limitations specified under and consistent with the Development Plan . Nothing herein is deemed or interpreted to vest an increase in the overall density or intensity of use of the Property as a whole, and any density transfer shall fully conform to the requirements of the Specific Plan. Additionally, notwithstanding the language of this Section or any other language in t his Agreement, all specifications, standards and policies regarding the design and construction of public works facilities, if any, shall be those that are in effect at the time the applicable Project plans are being processed for approval.

3.2 Effect of Agreement on Land Use Regulations . In accordance with the terms of Government Code § 65866, except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings and structures, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Development Plan. The Development Plan shall continue to apply to the Project and to the reconstruction of any Project improvements damaged or destroyed from any cause. Except as otherwise provided in this Agreement, no amendment, revision of, or addition to the Development Plan that would affect the Project or increase the obligations or decrease the rights of Owner hereunder or under the Development Plan (“Regulatory Change”) shall be made without Owner’s consent, whether adopte d or approved by the City Council or any office, board commission or other agency of City, or by the people of City through an initiative measure. Furthermore, no such Regulatory Change shall be effective or enforceable by City with respect to the Project or the Property, nor against Owner or its successors or assigns. However, nothing in this Section shall preclude City: (i) from applying the Subsequent Land Use Regulations authorized by Section 3.3 or (ii) from denying or conditionally approving any subsequent development project application on the basis of the Development Plan (except for this Agreement, the amendment process for which is set forth in Section 9.8 ) may be amended or modified from time to time, but only at the written request of Owner or with the written consent of Owner in its sole and absolute discretion.

All amendments to the Development Approvals shall automatically become part of the Development Plan.

3.3 Reservation of Authority. In addition to and without limiting the generality of the foregoing, the City expressly reserves the right to apply other laws, ordinances and regulations in the following circumstances:
(a) Reasonable processing fees and charges for land use, approvals of entitlements and mitigation monitoring imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued (“Processing Fees”); provided that: (i) such Processing Fees are in force and effect on a City-wide basis at the time application is submitted for such permits, approvals or entitlements; and (ii) any Processing Fees shall not exceed an amount which will compensate City for the estimated reasonable cost and increases

7 incurred, as permitted pursuant to Government Code Section 54990. City may also increase Processing Fees based on any increase in the estimated reasonable cost to City of performing the work for which the particular Processing Fee is paid provided that such increases are made on a City-wide basis. (b) Regulations prescribing or relating to procedural
matters, hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure excluding those set forth in the Development Plan.
(c) Regulations governing construction standards and
specifications including, without limitation, the Uniform Building Code, Plumbing Code, Uniform Mechanical Code, National Electrical Code and Uniform Fire Code applicable in the City.
(d) Regulations imposing Development Fees, subject to
the provisions of Section ___ below.
(e) Regulations that are reasonably necessary to protect the public health and safety regardless as to whether they conflict with the Development Plan. To the extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement.
(f) Regulations that do not conflict with the
Development Plan. For purposes of this Section, a Subsequent Land Use Regulation shall be deemed in conflict with the Development Plan if it substantially increases the cost of development or reduces the Project unit or square footage, yield, or materially limits the rate, timing, or sequencing of development of the Property.

Any regulation, whether adopted by initiative or otherwise, materially limiting the rate or timing of development of the Property shall be dee med in conflict with the Development Plan and shall therefore not be applicable to the development of the Property.
(g) Regulations for which Owner has given written
consent to be applied to development of the Property, regardless of whether they conflict with the Development Plan.
(h) Regulations that the City is required to adopt or
enforce by applicable S tate or Federal law. In the event that State or Federal laws or regulations prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federa l laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or re gulations and to the

8 extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, City shall not apply to the Project any regulation, program or action or fail to take any action which is inconsistent or in conflict with this Agreement until City makes a finding that such regulation, program actions or inaction is required (as opposed to permitted) to comply with such State and Federal laws or regulations after taking into consideration all reasonable alternatives.

3.4 Timing of Development. The Parties acknowledge that Owner cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the Parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such Parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that Owner shall have the right to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements for construction of Public Improvements set forth in the Development Plan.

4. Acknowledgments, Agreements, and Assurances of Owner.

4.1 Owner’s Faithful Performance . The Parties acknowledge and agree that Owner’s faithful performance in developing the Project on the Property and in constructing and installing certain public improvements (past, present or future) and complying with the provisions of this Agreement will fulfill significant public needs. The City acknowledges and agrees that there is good and valuable consideration to the City resulting from Owner's assurances and faithful performance thereof and resulting from the significant public benefits set forth in Section

5.2, below, and otherwise in this Agr eement, and that same is in balance with the benefits conferred by the City to the Owner. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable.

4.2 Significant Public Benefit . Owner will provide significant public benefits in conjunction with development of the Project. The P arties recognize that the public benefits provides in this Section are subject to further specificity and detail by both Owner and City, as well as further review and approval by City. This Agreement shall set forth the conceptual plan for these improvements and shall guide the P arties in the implementation and construction of these public benefits. The P arties agree that the follo wing constitute significant public benefits being provided by the Owner:
(a) Construction and dedication of backbone
improvements necessary to extend water, sewer, electric, and recycled water service to the Project as shown in Exhibit “E”;

9 (b) Construction and improvement of the multi-purpose trail, with Owner’s contribution capped at Two Hundred Fifty Thousand Dollars ($250,000) between Avenue H and Avenue J including connection to the existing roadway, parking, bicycle tools, landscaping, fencing and drinking fountain, with such improvements made prior to the fifth (5th) anniversary of the Effective Date ; (c) Payment of a one-time donation in the amount of One Hundred Thousand Dollars ( $100,000) to civic or other organizations selected by the City, with this donation made prior to issuance of the first building permit for the Project;
(d) One time sponsorship of One Hundred Thousand
Dollars ($100,000) to the PARCS department for family-related programs, schools, field trips and summer programs, with this sponsorship paid prior to issuance of the first building permit for the Project ;
(e) Use of City compost in landscaping, medians, and
parkways;
(f) Construction and dedication of on- and off -site
backbone road improvements as shown in Exhibit E in addition to any road improvements otherwise required;
(g) Payment of a one -time donation in the amount of
Twenty Thousand Dollars ($20,000) to Antelope Valley College to support student scholarship opportunities and workforce development , with this donation made prior to issuance of the first building permit for the Project; (h) Payment of the cost , capped at Fifty Thousand
Dollars ($ 50,000) to add existing annexed streets into StreetSaver, the cost to inspect/calculate PCI, and the cost of City staff work related thereto; with such payment made prior to the fifth (5th) anniversary of the Effective Date; and (i) Payment of a one -time donation in the amount of
Two Hundred Fifty Thousand Dollars ($250 ,000) to the City’s public art fund, or the construction and dedication of public art of equal value (“Art Benefit”), with this Art Benefit obligation satisfied prior to issuance of the issuance of the Project’s first building permit.

5. Acknowledgments, Agreements, and Assurances of City. In order to effectuate the provisions of this Agreement, and in consideration for Owner to obligate itself to carry out the covenants and conditions, and provide the significant public benefits set forth in this Agreement, the City agrees and assures Owner that Owner will be permitted to carry out and complete the development of the Project in accordance with the Development Approvals, subject

10 to the terms and conditions of this Agreement. Therefore, the City hereby agrees and acknowledges that:

5.1 Entitlement to Develop . Owner is hereby granted the vested right to develop the Project on the Property to the extent and in the manner provided in this Agreement.

5.2 Permitted Conditions. Provided Owner's applications for Future Approvals are consistent with this Agreement, the City shall grant the Future Approvals in accordance with the Development Plan. The City shall have the right to impose reasonable conditions in connection with Future Approvals and, in approving tentative subdivision maps, impose dedications for rights of way or easements for public access, utilities, water, sewers, and drainage necessary for the Project on the Property (collectively, “Required P ublic Facilities”) ; provided, however, that such conditions and dedications shall be consistent with the Development Plan and consistent with the development of the Project as contemplated by this Agreement. All of the Required Public Facilities are depicted in Exhibit “E”. Owner shall undertake the construction and installation of the Required Public Improvements at the times specified in the Development Plan. Developer is not obligated to provide any additional public improvements or public facilities in connection with development of the Project. The City and Owner acknowledge that in the future Owner may acquire other property within the Specific Plan area. In such a situation, the parties agree to use good faith efforts to amend this Agreement to include any property which Owner may subsequently acquire. Notwithstanding the foregoing, the parties acknowledge and agree that the City is under no obligation to amend this Agreement, as the City has sole discretion whether to agree to such an amendment , and such an amendment may be entered into, if at all, only after the City has complied with the provisions of the California Environmental Quality Act and has held all requisite public hearings on such an amendment.

5.3 Moratorium. This Agreement does not preclude the adoption of a ny moratoria or other generally applicable limitation by any public agency other than the City relating to the rate, timing or sequencing of the development or construction of all or any part of the Project, with such moratoria adopted by ordinance, initiative, resolution, policy, order or otherwise, affecting parcel or subdivision maps (including tentative, vesting tentative or final maps), building permits, occupancy certificates or other entitlements to use or service. In addition, if in the future, should the City ever provide water or sewer service to the P roject, then the City , in compliance with the provisions of the California Government Code, may adopt such moratoria and apply such moratoria to the Projec t, if the City is unable to provide water or sewer service to the Project, assuming that such water or sewer moratoria apply to all properties being provided water and sewer service by the City.

5.4 Permitted Fees and Exactions . Except as otherwise provided in this Agreement, the City shall only charge and impose those fees and exactions, including, without limitation, dedications and any other fees or taxes (including excise, construction or any other taxes) relating to develop ment or the privilege of developing the Project as in effect on the Effective Date. The sole development impact fees (“DIF”) that shall be imposed on development of the Project are specified in Exhibit F, in the amounts specified in Exhibit F . The amounts

11 specified in Exhibit F shall remain in effect until the eighth (8th) anniversary of the Effective Date.

Thereafter, the Project shall be subject to any new categories of DIF, as long as such new categories are imposed and collected by the City generally on development and which is applicable on a City- wide non-discriminatory basis for similar approvals, permits and entitlements . After the eighth (8th) anniversary of the Effective Date, for the DIF categories in effect on the Effective Date and any new DIF categories, the amount to be imposed shall be calculated based upon the fee rate in effect at the time Owner becomes liable to pay such DIF. The provisions of this section shall not be applicable to the following fees and taxes and shall not be construed to limit the authority of the City to:
(a) Impose or levy general or special taxes, including
but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, and business taxes, which may be applied to the Property or to businesses occupying the Property; provided, however, that the tax is of general applicability City-wide and does not burden the Property disproportionately to other development within the City; or
(b) Collect such fees or exactions as are imposed and set by governmental entities not controlled by the City but which are required to be collected by the City; or
(c) Charge duly adopted processing fees which are
designed to reimburse the City for administrative time and related costs incurred in preparing and considering any application for the Development Approvals, which fees shall be assessed in the amount they exis t at the time Owner becomes liable to pay such fees.

6. Cooperation and Implementation. The City agrees that it will cooperate with Owner to the fullest extent reasonable to implement this Agreement. Upon satisfactory performance by Owner of all required preliminary conditions, actions and payments, the City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and the development of the Project in accordance with the terms of this Agreement. Owner shall, in a timely manner, provide the City with a ll documents, plans, and other information necessary for the City to carry out its obligations. Additionally, the parties agree:

6.1 Further Assurances; Covenant to Sign Documents . Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement.

6.2 Reimbursement and Apportionment . Nothing in this Agreement precludes the City and Owner from entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities and/or infrastructure that the City, pursuant to this Agreement, may require as a condition of the Future Approvals , as specified in Exhibit “E”,

12 agreed to by the Parties, to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project.

6.3 Processing. Upon satisfactory completion by Owner of all required preliminary actions and payments of appropriate processing fees, if any, the City shall, subject to all legal requirements, promptly initiate, diligently process, and complete all required steps, and promptly act upon any approvals and permits necessary for the development by Owner in accordance with this Agreement, including, but not limited to, the following:
(a) the processing of applications for and issuing of all Discretionary Approvals, including without limitation, the Future Approvals; (b) the holding of any required public hearings; and
(c) the processing of applications for and issuing of all ministerial approvals , including, without limitation, site plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, temporary use permits, certificates of use and occupancy, and approvals and entitlements and related matters as necessary for the completion of the development of the Project Property (“Ministerial Approvals”).

6.4 Processing During Third Party Litigation . The filing of any third party lawsuit(s) against the City and Owner relating to this Agreement or to other development issues affecting the Project, including, without limitation, litigation under CEQA (collectively, “Third Party Challenges”), shall not delay or stop the development, processing or construction of the Project, approval of the Future Approvals, or issuance of Ministerial Approvals, unless a court order is issued prohibiting the activity. Absent agreement by Owner, the City shall not stipulate to, and shall oppose, the issuance of any such order. Upon the filing of a Third Party Challenges, the required date for performance of any obligation, the Term of this Agreement, and the expiration date of any challenged Development Approvals and any challenged tentative maps shall be extended day for day during the pendency of each Third Party Challenge s. Such tolling shall not apply to Development Approvals (aside from challenges to this Agreement) which are not directly and explicitly contested in a Third Party Challenge.

6.5 State, Federal, or Case Law. Where any state, federal or case law allows the City to exercise any discretion or take any act with respect to that law, the City shall, in an expeditious and timely manner: (i) exercise its discretion in such a way as to be consistent with and to carry out the terms of this Agreement; and (ii) take such other actions as may be necessary to carry out in good faith the terms of this Agreement.

6.6 Defense of Agreement . The City shall timely take all actions necessary to uphold the validity and enforceability of this Agreement and Development Approvals, subject to the indemnification provisions of this Section. Owner shall indemnify, defend and hold harmless,

13 the City and any agency or instrumentality thereof, and any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, and any of its officers, employees and agents, to attack, set aside, void, annul, limit or seek monetary damages or attorneys' fees resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body concerning this Agreement. The City shal l promptly notify Owner of any such claim, action, or proceeding and request that Owner defend the same. The City and Owner agree to cooperate in the defense of any such action. Should the City fail to either promptly notify Owner or cooperate fully in the defense of any such action, Owner shall not thereafter be responsible to indemnify, defend, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should Owner fail to indemnify, defend or hold harmless when properly requested to do so, the City may terminate this Agreement pursuant to its terms.

6.7 Regulation by Outside Agencies . It is acknowledged by the Parties that governmental agencies, quasi -public entities, and public utilities not within the control of City (“Outside Agencies” and each an “Outside Agency”) possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such Outside Agencies.

6.8 Public Works. If Owner is required by this Agreement to construct any public works facilities which will be dedicated to City or any Outside Agency, upon completion, and if required by applicable laws to do so, Owner shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such Outside Agency if it would have undertaken such construction.

6.9 Provision of Real Property Interests by City . In any instance where Owner is required to construct any public improvement on land not owned by Owner, Owner shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event Owner is unable, after exercising reasonable efforts to acquire the real property interests necessary for the construction of such public improvements (“Offsite Interests”), and if so ins tructed by Owner and upon Owner’s provision of adequate security for costs City may reasonably incur, City shall negotiate to attempt to purchase the Offsite Interests in order to allow Owner to construct the public improvements as required by this Agreeme nt. If City is unable to acquire the Offsite Interests through a voluntary transaction, City shall consider acquiring the Offsite Interests through using its power of eminent domain to acquire such required real property interests. Owner shall pay all reas onable costs associated with such acquisition or condemnation proceedings and shall enter into a land acquisition agreement with City in a form approved by the City Attorney. This Section is not intended by the Parties to impose upon the Owner an enforceable duty to acquire land or construct any public improvements on land not owned by Owner, except to the extent that the Owner elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by City upon the development of the Project under the Subdivision Map Act or other legal authority. If after using good faith efforts to acquire the Offsite Interests, Owner is unable to acquire the Offsite Interests, and City, in its discretion, refuses to use its power of eminent

14 domain to acquire the Offsite Interests, City shall waive the requirement for Owner to acquire the Offsite Interests, or if development of the Project cannot proceed without acquisition of the Offsite Interests, the Parties shall meet and confer in good fa ith to attempt to devise alternatives to allow the Project to proceed without acquisition of the Offsite Interests.

7. Financing of Public Improvements Following Annexation.

7.1 Formation of Community Facilities District. Owner may, pursuant to the Mello Roos Act, submit a petition to the City or, alternatively, to California Statewide Communities Development Authority (“CSCDA”) for participation in CSCDA’s SKIP Standalone Program, or similar CFD authority and associated program, for the formation of a community facilities district, the boundaries of which shall include those of the Property (“CFD”). The agency that forms the CFD for the Property, shall be referred to in this Section 7 as the “Issuer.” If City is the Issuer, City shall initiate the CFD formation process promptly following submission of Owner’s petition and compliance with Section 53318(d) of the Mello-Roos Act, and shall use good faith, diligent efforts to cooperate in the timely formation of the CFD. Owner agrees to cooperate in the formation and agrees to vote in favor of the formation of the CFD for which it has petitioned.

If CSCDA, or similar CFD authority is the Issuer, City agrees to cooperate and participate, as needed, with Owner and CSCDA, or similar CFD authority, in the formation of the CFD, including providing its consent and approval of a joint community facilities agreement (“ JCFA”), if necessary, all subject to the City’s reasonable discretion. (a) Authorized Facilities and Fees . The CFD shall be
authorized to finance (i) the construction, acquisition, maintenance and/or operation of public infrastructure, required u nder th is Agreement or as part of the Development Approvals , including without exception, public streets and bridges, and related improvements such as grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway landscaping related thereto, water facilities , storm drain facilities, sewer facilities, public parks, landscaping, electrical facilities (“Authorized Facilities”) , and (ii) development fees imposed by the City on the Project (“Authorized Fees”, collectively with Authorized Facilities, “Authorized Facilities and Fees”) . (b) Joint Community Facilities Agreements. In addition to the JCFA described in Section 7.1(a) , the Issuer may , if necessary, enter into a JCFA with another Governmental Entity that will own or operate any of the Authorized Facilities. If the City is the Issuer, the City and Owner agree that to the extent required for compliance with the Mello Roos Act, they will each take all steps reasonably necessary to procure the authorization and execution of any such JCFA with any such Governmental Entity before the is suance of any CFD Bonds (as defined below) that will finance Authorized Facilities that will be owned or operated by such Governmental Entity.
(c) RMA. Owner and City, or other Issuer, shall
cooperate in developing the rate method and apportionment of Special Taxes for

15 the CFD (“RMA”) and each shall use good- faith reasonable efforts at all times to furnish timely to the other, or to obtain and then furnish timely to the other, any information reasonably necessary to develop the RMA. The RMA shall provide, in part, (i) for the levy of a special tax (“Special Tax”) in an amount requested by Owner, provided that the total effective property tax rates for the buildings to be built on the Property do not exceed 2% of the estimated value of such buildings , (ii) that the Specia l Tax may increase annually by up to 2%, commencing July 1 following the fiscal year commencement of the levy, and continuing each fiscal year thereafter, (iii) the levying of Special Taxes to accumulate funds to pay directly for acquisition or construction of Authorized Facilities before CFD Bonds have been issued, and at the discretion of the City, or other Issuer, following the issuance of CFD Bonds and after bond debt service has been paid, and ( iv) the prepayment in full, or in part, of the Special Taxes. The Special Taxes shall be secured by recordation in the Official Records of the County of Los Angeles of a continuing lien against the Property.

7.2 Issuance of Bonds. Following the Operative Date, the Owner may request the City, or similar CFD authority , to have bonds secured by the levy of Special Taxes (“ CFD Bonds”) issued. In connection with the issuance of CFD Bonds, the City shall cooperate with the Owner in the issuance. If the City is the Issuer, promptly following Owner’s request and provided the Operative Date has occurred, Owner and the City shall meet with the City ’s public financing consultants to determine the reasonable and appropriate issuance date and the amount of the issuance, and thereafter, use good faith, diligent efforts to timely have the CFD Bonds issued, including the scheduling of necessary public hearings and/or City Council approvals related thereto. If CSCDA, or similar CFD authority, is the Issuer, the City agrees to reasonably cooperate in the process as needed and agrees that it will not unreasonably hinder or prevent the issuance of the CFD Bonds. In connection with CFD Bonds, the Parties agree to the following:
(a) Value-to-Lien Ratio . The appraised or assessed
value-to-lien ratio required for the issuance of CFD Bonds shall be four to one (4:1), or otherwise approved by the Owner and Issuer.
(b) Coverage Ratio . The CFD Bonds shall have a debt
service coverage -ratio of one hundred ten percent (110%), unless otherwise approved by the Owner and the Issuer.
(c) Term. The CFD Bonds shall have a term of not less
than thirty (30) years and not more than forty (40) years, unless otherwise approved by the Owner and the Issuer.
(d) Credit Enhancement . The City shall not require the Owner to provide a letter of credit or other credit enhancement as security for the payment of Special Taxes in the CFD in connection with the issuance of CFD Bonds, unless otherwise agreed to by the Owner .

16 (e) Acquisition Agreement . Prior to, or
contemporaneously with, the approval of a resolution to issue the CFD Bonds, Owner and the City, or similar CFD authority, shall negotiate in good faith the terms of an Acquisition Agreement that shall provide for the construction by the Owner and acquisition by the City of the Authorized Facilities and reimbursement of Fees; City’s execution of any Acquisition Agreement shall be subject to prior consideration and approval of such agreement by the governing body of the Issuer.

7.3 City Council/Governing Board Authorization. While it is acknowledged by the Parties that this Agreement cannot require City Council or the governing body of the similar CFD authority, to form any such CFD, or issue and sell CFD Bonds, the City represents that it can, and does hereby agree that it shall reasonably consider Owner's request to form such CFD and issue and sell CFD B onds following Operative Date, as long as such CFD is in conformance with applicable laws, rules, and regulations, including the City’s local goals and policies for community facilities districts, and this Agreement.

7.4 Other Financing Mechanism . City and Owner agree that other financing mechanisms and assessment districts may be available to finance Authorized Facilities and Fees.

City agrees to reasonably cooperate with Owner in the formation and implementation of any such alternative arrangement provided it is in conformance with applicable laws, rules and regulations, including any applicable policies adopted by the City.

7.5 Owner’s Right to Construct Facilities . It is understood and agreed that Owner may elect, and reserves the right, to construct, or cause the construction of, any public facility specified in a master plan, or which serves property in addition to the Project, for which the City intends to collect a fee, and to dedicate the completed facility to the City, in lieu of payment of the fee, as long as such facility conforms to specifications approved by the City.

Additionally, Owner may elect, and reserves the right, to construct or cause construction of any public facility for which the City intends to form a district, in which case the district shall be formed for purposes of acquiring rather than constructing such facilities, subject to the provisions of Section 7.1, above.

8. Compliance; Termination; Modifications and Amendments.

8.1 Periodic Review. Following annexation of all or any portion of the Project, the City's Director of Community Development ( “Director”) shall review this Agreement once each year, on or before each anniversary of the Effective Date (“Periodic Review”), in accordance with this Section, in order to determine the prima facie compliance of Owner with the terms of this Agreement. At commencement of each Periodic Review, the Director shall notify Owner in writing that said Periodic Review is being commenced.

8.2 Prima Facie Compliance. During each Periodic Review, the Director shall request, in writing, that Owner demonstrate that it has, during the preceding twelve (12) month period, been in prima facie compliance with this Agreement. For purposes of this Agreement, the

17 phrase “prima facie compliance” shall mean that Owner has demonstrated that it has acted in substantial compliance with this Agreement.

8.3 Owner Non-Compliance; Cure Rights . If during any Periodic Review the Director reasonably concludes that (i) Owner has not demonstrated that it is in prima facie compliance with this Agreement, and (ii) Owner is out of compliance with a specific, substantive term or provision of this Agreement, then the Director may issue and deliver to Owner a written notice of non -compliance (''Notice of Non -compliance”) detailing the specific findings of noncompliance (including references to sections and provisions of this Agreement which have allegedly been breached) and a complete statement of all facts demonstrating such non - compliance. Owner shall have thirty (30) calendar days following its receipt of the Notice of Non- compliance in which to cure said failure(s); provided, however, that if any one or more of the item(s) of non-compliance set forth in the Notice of Non-compliance cannot reasonably be cured within said thirty (30) calendar day period, then Owner shall not be in breach of this Agreement if it commences t o cure said item(s) within said thirty (30) day period and diligently prosecutes said cure to completion. Upon completion of each Periodic Review, the Director shall submit a report to the City Council setting forth the Director's determination of whether or not Owner has satisfactorily demonstrated prima facie compliance with this Agreement, and if not, what steps have been taken or should be taken to resolve such noncompliance.

8.4 Certificate of Agreement Compliance. If, at the conclusion of a Periodic Review, Owner is found in compliance with this Agreement, the City shall, upon request by Owner, issue a Certificate of Agreement Compliance ( “Certificate”) to Owner stating that after the most recent Periodic Review and based on the information known or made known to the City, that (1) this Agreement remains in full force and effect, and (2) Owner is not in default. The Certificate shall be in a recordable form and shall contain infor mation necessary to communicate constructive record notice of the finding of compliance. Owner may record the Certificate with the County Recorder.

8.5 Termination of Agreement by City. If Owner fails to timely cure any substantive item(s) of non -compliance set forth in a Notice of Non -compliance, then the City shall have the right, but not the obligation, to initiate proceedings for the purpose of terminating this Agreement. If the City determines to terminate, the City shall give Owner written notice of its intent to so terminate this Agreement, specifying the precise grounds for termination and setting a date, time and place for a public hearing on the issue, all in compliance with the Development Agreement Statutes. At the noticed public hearing, Owner and/or its designated representative shall be given an opportunity to make a full and public presentation to the City. If, following the taking of evidence and hearing of testimony at said public hearing, the City finds, based upon substantial evidence, that the Owner has not demonstrated prima facie compliance with this Agreement, and that Owner is out of compliance with a specific, substantive term or provision of this Agreement, then the City may (unless the parties otherwise agree in writing) terminate this Agreement.

18 8.6 City Non -Compliance; Cure Rights . If at any time Owner reasonably concludes that (i) the City has not demonstrated that it is in prima facie compliance with this Agreement and (ii) the City is out of compliance with a specific, substantive term or provision of this Agreement, then Owner may issue and deliver to the City a Notice of Non- compliance detailing the specific findings of non-compliance (including references to sections and provisions of this Agreement which have allegedly been breached) and a comp lete statement of all facts demonstrating such non- compliance. The City shall have thirty (30) calendar days following its receipt of the Notice of Non-compliance in which to cure said failure(s); provided, however, that if any one or more of the item(s) of non -compliance set forth in the Notice of Non- compliance cannot reasonably be cured within said thirty (30) calendar day period, then the City shall not be in breach of this Agreement if it commences to cure said item(s) within said thirty (30) day period and diligently prosecutes said cure to completion.

8.7 Termination of Agreement by Owner . If Owner is not satisfied by City action to cure any item(s) of non- compliance set forth in a Notice of Non -compliance, Owner shall have the right, but not the obligation, to terminate this Agreement. If Owner determines to terminate this Agreement, it s hall notify the City of such determination in writing and the Agreement shall be deemed terminated thirty (30) days after the date of such notice. In addition, Owner retains the right to terminate this Agreement upon thirty (30) days written notice to the City in the event that the Property is not annexed to the City.

8.8 Modification or Amendment of Agreement . Subject to the notice and hearing requirements of the applicable Development Agreement Statutes, this Agreement may be modified or amended from time to time only with the written consent of Owner and the City or their successors and assigns in accordance with the provisions of the Municipal Code and section 65868 of the California Government Code.

8.9 Operating Memoranda. The parties acknowledge that the provisions of this Agreement require a close degree of cooperation between the City and Owner and that minor or insubstantial changes to the Project may be required from time to time to accommodate design changes, enginee ring changes, and other refinements. Refinements to the Project may demonstrate that clarifications to this Agreement are appropriate with respect to the details of performance of the City and Owner. If and when, from time to time during the term of this Agreement, the City and Owner agree that such clarifications are necessary or appropriate, the parties shall effectuate such clarifications through operating memoranda approved in writing by the City and Owner which, after execution, shal l be attached hereto and become a part of this Agreement, and the same may be further clarified from time to time as necessary with future written approval by the City and Owner. Operating memoranda are not intended to constitute an amendment to this Agreement but mere ministerial clarifications, therefore, no public notice or hearing shall be required. The City Attorney shall be authorized, upon consultation with and approval of Owner, to determine whether a requested clarification may be effectuated pursu ant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof which requires compliance with the provisions of Section 9.8, above. If the City Attorney determines that an operating memorandum is appropr iate under this Section, the

19 City Manager is authorized to execute any such operating memoranda without further action by the City Council.

8.10 Project Changes and Amendment . The Parties acknowledge that in connection with development of the Project and Future Approvals, Owner may determine that changes are appropriate and desirable in the existing Development Approvals. In the event Owner determines that such changes are appropriat e and desirable, Owner may apply in writing for an amendment to the Development Approvals to effectuate such change, and the City shall process and act on such application notwithstanding anything in this Agreement that may be to the contrary. The City shall have no obligation to grant any such application by Owner that modifies the Development Approvals. If approved in a form to which Owner has consented in writing, any such change in the Development Approvals shall be i ncorporated into this Agreement as an addendum, and may be further changed from time to time as provided in this Section. Any change in the Development Approvals made in accordance with the procedures therefore required by applicable City, State or Federal laws or regulations and with the written consent of Owner shall be conclusively deemed to be consistent with this Agreement, without need for any amendment to this Agreement or any of its exhibits.

9. Term of Agreement. This Agreement shall become operative as to the Property on the Operative Date and shall remain in effect for a period of fifteen (15) years from the Operative Date (“Term”) unless otherwise terminated, modified or extended upon mutual written consent of the parties or as otherwise provided in this Agreement. Unless Owner is in default under this Agreement, the Term shall automatically be extended, with no need for filing an extension application, for an additional five (5) years , if prior to the expiration of the Term , Owner has pulled building permits to construct at least two million five hundred thousand (2,500,000) square feet of development of the Project. Following expiration of the term, this Agreement shall be deemed terminated and of no further force and effect; provided, however, that no such expiration shall automatically affect any right of the City and Owner arising from City approvals for the Project prior to expiration of the term hereof and arising from the duties of the Parties as prescribed in this Agreement.

10. Vesting Tentative Maps and Other Development Approvals . If any tentative or final subdivision map, or tentative or final parcel map, approved in connection with the Project is a vesting map under the Subdivision Map Act, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to Owner, then and to that extent, the rights and protections afforded Owner under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement provided that Owner meets its obligations to provide the significant public benefits as set forth in Section 4.2 of this Agreement. Except as specifically set forth herein, development of the Property shall occur only as provided in this Agreement, and the provisions of this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. In accordance with section 66452.6(a)(1) of the California Government Code, any tentative map within the Property shall automatically be extended, without the need for filing extensions applications, for the greater of (i) the Term of this Agreement or (ii) the expiration period set forth therein in the absence of this

20 Agreement. In addition, all other Development Approvals shall automatically be extended, without the need for filing extension applications, for the greater of (i) the Term of this Agreement or (ii) the expiration period set forth in the Lancaster Municipal Code.

11. Administration and Resolution of Disputes.

11.1 Administration of Disputes . All disputes involving the enforcement, interpretation or administration of this Agreement shall first be subject to good faith negotiations between the parties to resolve the dispute. In the event the dispute is not resolved by negotiations, Owner may file a written request to have the dispute heard and decided by the City Council. The City shall set the matter for a hearing before the City Council within 30 days of Owner's written request for such a hearing, unless the parties mutually agree to a longer time. Thereafter, any decision of the City Council that remains in dispute shall be resolved pursuant to the procedures set forth in Section 12.2, below. Nothing in this Agreement shall prohibit Owner or the City from seeking a temporary or preliminary injunction in state or federal court if such party believes that injunctive relief is necessary to prevent irreparable harm related to the issue in dispute.

11.2 Mandatory Alternative Dispute Resolution. After the provisions of Section

12.1, above, have been complied with, and pursuant to section 638, et seq., of the California Civil Procedure Code, all disputes regarding the enforcement, interpretation or administration of this Agreement shall be heard and resolved pursuant to the alternative dispute resolution procedure set forth in this Section 12 .2. All matters to be heard and resolved pursuant to this Section shall be heard and resolved by a single appointed re feree who shall be a retired judge from either the California Superior Court, the California Court of Appeals, the California Supreme Court, the United States District Court or the United States Court of Appeals, provided that the appointed referee shall h ave significant and recent experience in resolving land use and real property disputes. The parties who are involved in the dispute shall agree and appoint a single referee who shall then try all issues, whether of fact or law, and report in writing to the parties to such dispute all findings of fact and issues and decisions of law and the final judgments made thereon, in sufficient detail to inform each party as to the basis of the referee’s decision. The referee shall try all issues as if he/she were a California Superior Court judge and to the extent permitted by this Agreement, shall have all legal and equitable powers granted a California Superior Court judge.

Prior to the hearing, the parties shall have full discovery rights as provided by the California Code of Civil Procedure. At the hearing, the parties shall have the right to present evidence, examine and cross-examine lay and expert witnesses, submit briefs and have arguments of counsel heard, all in accordance with a briefing and hearing schedule reasonably established by the referee. The referee shall be required to follow and adhere to all laws, rules and regulations of the State of California in the hearing of testimony, admission of evidence, conduct of discovery, issuance of a judgment and fashioning of remedy, subject to such restriction on remedies as set forth in this Agreement. If the parties involved in the dispute are unable to agree on a referee, any party to the dispute may seek through the Los Angeles County Superior Court, to have a s ingle referee appointed pursuant to section 640 of the California Civil Procedure Code . The cost of such proceeding shall initially be borne equally by the parties involved in the dispute, and each party shall bear its own attorneys' fees. Any referee selected pursuant to this Section shall be considered

21 a temporary judge appointed pursuant to Article 6, Section 21 of the Constitution of the State of California. If any party to the dispute fails to timely pay its fees or costs, or fails to cooperate in the administration of the hearing and decision process as determined by the referee, the referee shall, upon the written request of any party to the dispute, be required to issue a written notice of breach to the defaulting party, If the defaulting party fails to timely respond or cooperate within the period of time set forth in the notice of default (which may not exceed thirty (30) calendar days), then the referee shall, upon the request of any nondefaulting party, render a default judgment against the defaulting party. At the end of the hearing, the referee shall issue a written judgment (which may include an award of reasonable attorneys’ fees and costs as provided in this Agreement), which judgment shall be final and binding between the parties and which may be entered as a final judgment in a California Superior Court. The referee shall use his/her best efforts to finally resolve the dispute and issue a final judgment within ninety (90) calendar days from the date of his/her appointment.

11.3 No Recourse for Damages. The parties hereto agree that (i) the City would not have entered into this Agreement if it were to be held liable for general, special or compensatory damages for any default with respect to this Agreement, and (ii) Owner has adequate remedies, other than general, special or compensatory damages, to secure City's compliance with its obligations under this Agreement. Therefore, Owner agrees that neither the City nor its officers, employees or agents shall be liable for any general, special or compensatory damages to Owner or to any successor or assignee or transferee of Owner for the City’s breach or default with respect to this Agreement; and Owner covenants not to sue the City, its officers, employees or agents for, or claim against the City, its officers, employees or agents, any right to receive general, special or compensatory damages for the City’s breach or default under this Agreement. Notwithstanding the provisions of this Section, the City agrees that Owner shall have the right to seek a refund or return of any deposit made with the City or fee paid to the City in accordance with applicable rules.

Similarly, City agrees that neither Owner nor its officers, employees or agents shall be liable for any general, special or compensatory damages to City for the Owner’s breach or default with respect to this Agreement; and City covenants not to sue the Owner, its officers, employees or agents for, or claim against Owner, its officers, employees or agents, any right to receive general, special or compensatory damages for the Owner’s breach or default under this Agreement.

11.4 Challenges to Application of City Rules. In the event Owner challenges the application of an ordinance, rule, regulation or policy of the City as being outside of the authority of the City to apply to the Project pursuant to this Agreement, Owner shall bear the burden of proof in establishing that such ordinance, rule, regulation, or policy is inconsistent with the terms of this Agreement and applied in violation thereof.

12. Transfers and Assignments.

12.1 Right to Assign. Owner shall have the right to sell, transfer or assign all or any portion of the Property and the rights under this Agreement which it may own to any person at any time during the term of this Agreement without approval of the City, provided that Owner has given thirty (30) days prior written notice of the proposed transfer to the City Manager and

22 Owner provides the City with notice of the name and address of the assignee within thirty (30) days of the effective date of the transfer.

12.2 Liabilities Upon Transfers . Upon the delegation of all duties and obligations and the sale, transfer or assignment of all or any portion of the Project, Owner shall be released from its obligations under this Agreement with respect to the Project or portion thereof so transferred arising subsequent to the Effective Date of such transfer if (1) Owner has provided to City thirty (30) days prior written notice of such transfer, together with the corresponding entitlements and obligations being transferred and (2) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Project so transferred. If any of the obligations to provide the public benefits listed in Section 5.2 of this Agreement are being transferred, the City may require a performance bond for such significant public benefit from a surety reasonably acceptable to the City as a condition precedent to the effectiveness of the transfer. Upon any transfer of any po rtion of the Project and the express assumption of Owner's obligations under this Agreement by such transferee and if applicable, the provision of a performance bond, the City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Project acquired by such transferee. Any such transferee shall be entitled to the benefits of this Agreement and shall be subject to the obligations of this Agreement, applicable to the parcel(s) transferred. A default by any transferee shall only affect that portion of the Project owned by such transferee and shall not cancel or diminish in any way Owner ’s rights hereunder with respect to any portion of the Project not owned by such transferee. The transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Project owned by such transferee, and any amendment to this Agreement between City and a transferee shall only affect the portion of the Project owned by su ch transferee.

13. Mortgage Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon in any manner whatsoever by any mortgage, deed of trust or other security device securing financing with respect to the Property; provided that prior to the time any property is transferred to the City, it shall be free and clear of any and all such encumbrances. The City acknowledges that the lender(s ) providing such financing may require certain Agreement interpretations and modifications and agrees, upon request, from time to time, to meet with Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification, provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgag e or a beneficiary of a deed of trust ( “Mortgagee”) on the Property shall be entitled to the following rights and privileges:

13.1 Mortgage Not Rendered Invalid. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value.

23 13.2 Request for Notice to Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, who has submitted a request in writing to the City in the manner specified herein for giving notices shall be entitled to receive written notification from the City of any default by Owner in the performance of Owner's obligations under this Agreement.

13.3 Mortgagee’s Time to Cure . If the City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, the City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under this Agreement.

13.4 Property Taken Subject to Obligations. Any Mortgagee who comes into possession of the Property or any portion thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of foreclosure, shall take the Property or portion thereof subject to the terms of this Agreement; provided, however, that in no event shall such Mortgagee be held liable for any default or monetary obligation of Owner arising prior to acquisition of title to the Property by such Mortgagee. However, no Mortgagee (nor its successors or assigns) shall be entitled to a building permit or occupancy certificate until all obligations due under this Agreement for the portion of the Property acquired by such Mortgagee have been satisfied.

14. Notices. All notices under this Agreement shall be in writing and shall be deemed delivered when personally received by the addressee, or within three (3) calendar days after deposit in the United States mail by registered or certified mail, postage prepaid, return receipt requested, to the following parties and their counsel at the addresses indicated below; provided, however, if any party to this Agreement delivers a notice or causes a notice to be delivered to any other party to this Agreement, a duplic ate of that notice shall be concurrently delivered to each other party and their respective counsel.

To the City: City of Lancaster
4433 Fern Avenue
Lancaster, California 93534
Attn: Trolis Niebla, City Manager
With a copy to: Stradling Yocca Carlson & Rauth LLP
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attn: Allison E. Burns
To Owner: NP AV LOGISTICS CENTER, L.P.
3315 North Oak Trafficway
Kansas City, Missouri 64116

24 With a copy to: Allen Matkins Leck Gamble
Mallory & Natsis LLP
2010 Main Street, 8th Floor
Irvine, CA 92614
Attn: John Condas
Notice given in any other manner shall be effective when received by the addressee. The addresses for notices may be changed by notice given in accordance with this provision.

15. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.

16. Binding Effect. This Agreement, and all of the terms and conditions of this Agreement shall, to the extent permitted by law, constitute covenants which shall run with the land comprising the Property for the benefit thereof, and the benefits and burdens of this Agreement shall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors- in-interest.

17. Project is a Private Undertaking. The parties acknowledge that, development of the Project is a private undertaking and that in entering into and performing under this Agreement, each party is acting as an independent entity and not as an agent of the other in any respect. Nothing containe d herein or in any document executed in connection herewith shall be construed as making the City and Owner joint venturers, partners, agents of the other, or employer/employee.

18. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element.

19. Force Majeure. Changed conditions, changes in local, state or federal laws or regulations, floods, earthquakes, delays due to strikes or other labor problems, moratoria enacted by City or by any other governmental entity or agency, injunctions issued by any court of competent jurisdiction, the inability to obtain materials, civil commotion, fire, acts of God, or other circumstances which substantially interfere with the development or construction of the Project or the ability of any of the parties to perform their obligations under this Agreement, shall collectively be referred to as “ Events of Force Majeure. ” If any party to this Agreement is prevented from performing its obligation under this Agreement by any Event of Force Majeure, then, on the condition that the party claiming inability to perform due to an Event of Force Majeure; (a) did not cause the Even t of Force Majeure and (b) such Event of Force Majeure was beyond said party's reasonable control, the time for performance by said party of its obli gations under this Agreement shall be extended by a number of days equal to the number of days that

25 said Event of Force Majeure continued in effect and by the number of days it takes to repair or restore the damage caused by any such Event of Force Majeure to the condition which existed prior to the occurrence of the Event of Force Majeure; but in no eve nt may the term of this Agreement be extended for more than two years for Events of Force Majeure, unless the parties mutually agree.

20. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.

21. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of Owner and the City and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

22. Attorneys’ Fees. If any party commences any action for the interpretation enforcement, termination, cancellation or rescission of this Agreement, or for specific performance for the breach hereof, the prevailing party shall be entitled to its reasonable attorneys' fees, litigation expenses and costs arising from the action. Attorneys' fees under this Section shall include attorneys' fees on any appeal as well as any attorneys' fees incurred in any post -judgment proceedings to collect or enforce the judgment.

23. Incorporation of Exhibits. The exhibits that are part of this Agreement are attached hereto and each is incorporated herein by this reference as though set forth in full.

24. Authority to Execute; Binding Effect. The parties represent and warrant to each other that they have the power and authority to execute this Agreement and, once executed, this Agreement shall be final, valid, binding and enforceable against each party in accordance with its terms. Further, the City represents and warrants to Owner that all public notices and public hearings have been held in accordance with law and all required actions for the adoption of this Agreement have been completed in accordance wi th applicable law.

25. Entire Agreement; Conflicts. This Agreement represents the entire agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Should any or all of the provisions of this Agreement be found to be in conflict with any other provision or provisions found in the Development Approvals , then the provisions of this Agreement shall prevail.

26. Remedies. Except as otherwise provided herein, upon either party's breach hereunder, the non-breaching party shall be permitted to pursue any remedy provided for by this Agreement. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies available to any party under this Agreement.

26 IN WITNESS WHEREOF, the Parties have each executed this Agreement on the date first written above.

CITY:

CITY OF LANCASTER,
a charter city and California municipal corporation
By: __________________________
Name: Trolis Niebla
Its: City Manager

ATTEST:

Andrea Alexander
City Clerk
APPROVED AS TO FORM:

Allison Burns
City Attorney
OWNER:

NP AV LOGISTICS CENTER, L.P.
a Delaware limited partnership
By: NPD Management, LLC, its Administrative
Representative

By: __________________________
Name: Nathaniel Hagedorn
Its: Manager

A-1

EXHIBIT “A”

LEGAL DESCRIPTION OF PROJECT PROPERTY
(by parcel)

Planning Areas 2, 4, 6, 7, & 8 Legal Descriptions

Planning Area 2
Lot 9A & 9B (3116-022-002 & 3116-022-001)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF (LANCASTER AREA), IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 8 NORTH, RANGE 12 WEST,

SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT.

Parcel 10 (3116-008-032)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 8 NORTH, RANGE 12 WEST,

SAN BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.

EXCEPTING A STRIP OF LAND, 200 FEET WIDE, LYING EQUALLY ON EACH SIDE OF

EACH MAIN TRACT, SPUR, SWITCH AND BRANCH LINE OF THE SOUTHERN PACIFIC

RAILROAD COMPANY , AS THE SAME WERE CONSTRUCTED OR LOCATED UPON, ACROSS OR ADJACENT TO SAID LAND ON MARCH 6, 1912.

ALSO EXCEPTING THAT PORTION INCLUDED WITHIN THE FOLLOWING DESCRIBED LINE:

BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;

THENCE, SOUTHERLY , ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, TO A LINE PARALLEL WITH AND 50 FEET SOUTHERLY , MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID SECTION; THENCE, ALONG SAID PARALLEL LINE, NORTH 89 DEGREES 23 MINUTES 25 SECONDS EAST, 2399.70 FEET; THENCE, SOUTH 49 DEGREES 02 MINUTES 20 SECONDS EAST, 149.62 FEET, TO A LINE PARALLEL WITH AND DISTANT 52 FEET, WESTERLY , MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF THE 90 FOOT RIGHT-OF-WAY DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RE-RECORDED IN BOOK 12623, PAGE 101, OFFICIAL RECORDS; THENCE, ALONG SAID PARALLEL LINE, SOUTH 7 DEGREES 28 MINUTES 05 SECONDS EAST, 801.891 FEET; THENCE, NORTH 82 DEGREES 31 MINUTES 55 SECONDS EAST, TO THE EAST LINE OF SAID SECTION 21; THENCE, NORTHERLY , ALONG SAID EAST LINE, TO THE NORTHEAST CORNER OF SAID SECTION; THENCE, ALONG THE SOUTH LINE OF SAID SECTION, SOUTH 89 DEGREES 23 MINUTES 25 SECONDS WEST, 2676.66 FEET, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM, 50 PERCENT OF ALL OIL AND MINERALS BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, AS PREVIOUSLY RESERVED.

Planning Area 4
Lot 8A (3116-014-038)

THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER AND THE

WEST ONE HALF OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 28, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN

BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.

Lot 8B (3316-014-039)

THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE EAST ONE

HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN BERNARDINO MERIDIAN, IN THE

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.

Planning Area 6
Lot 1A, 1B, and 1C (3118-015-010, 3118-015-011, 3118-015-012)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF LOS ANGELES COUNTY (LANCASTER AREA), IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE NORTHWEST ONE-QUARTER, AND THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN

BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL JUNE 19, 1856.

Planning Area 7
Parcel 2 (3118-015-003)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF LOS ANGELES (LANCASTER AREA), IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON JUNE 19, 1856.

Planning Area 8
Parcel 3 (3118-001-006)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF LOS ANGELES (LANCASTER AREA), IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN BERNARDINO MERIDIAN,

IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAN OF SAID LAND APPROVED BY THE SURVEYOR GENERAL JUNE 19, 1856.

EXCEPT 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS

CONTAINED IN SAID LAND, AS PROVIDED BY AN ACT OF THE LEGISLATURE APPROVED MAY 25, 1921 (CHAPTER 303 STATUTE OF CALIFORNIA, 1921), AND AS RESERVED IN PATENT FROM STATE OF CALIFORNIA, DATED APRIL 2, 1926 RECORDED AUGUST 6, 1926 IN BOOK 4684, PAGE 90, OF OFFICIAL RECORDS.

ALSO EXCEPTING ANY PORTION OF SAID LAND LYING WITHIN THE LINES OF THE

RIGHT OF WAY GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY OF CALIFORNIA, BY ACT OF CONGRESS APPROVED MARCH 3, 1871.

PARCEL 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN

BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL JUNE 19, 1856, LYING WESTERLY OF THE WESTERLY

LINE OF THE STRIP OF LAND GRANTED TO THE STATE OF CALIFORNIA BY DEEDS REGISTERED ON APRIL 19, 1933 AS DOCUMENT NO. 6224-B AND RECORDED ON APRIL 26, 1933 IN BOOK 12071, PAGE 387, BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY .

Parcel 4 (3118-001-010)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF LOS ANGELES (LANCASTER AREA), IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE WEST 400 FEET OF THE NORTH THREE-FIFTHS OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN BERNARDINO MERIDIAN, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY , ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON JUNE 19, 1856, LYING WESTERLY OF

THE WESTERLY LINE OF THE TEN FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 23, 1933, AS INSTRUMENT NO. 506, IN BOOK 12054, PAGE 289, OF OFFICIAL RECORDS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY , THE SOUTH LINE THEREOF BEING

PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34.

ALSO EXCEPT FROM THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER 1/16TH OF ALL COAL, OIL, GAS, AND OTHER MINERAL DEPOSITS, AS RESERVED BY STATE OF CALIFORNIA, IN THE PATENT RECORDED AUGUST 6, 1926 IN BOOK 4368, PAGE 90, OF OFFICIAL RECORDS.

ALSO EXCEPT THE INCLUSIVE IN THE OIL AND MINERAL RIGHTS IN ALL OF SAID LAND RESERVED IN THE DEED FROM MARY A. BROUSSARD, A WIDOW, AND FANNIE B. CROSBY , A SINGLE WOMAN, RECORDED APRIL 11, 1955 IN BOOK 47439, PAGE 431, OF OFFICIAL RECORDS, WHICH RECITES, "RESERVING 50 PER CENT OF ALL OIL AND MINERAL RIGHTS".

Parcel 5 (3119-001-007)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF LOS ANGELES (LANCASTER AREA), IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE SOUTH TWO-FIFTHS OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN

BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON JUNE 19, 1856, LYING WESTERLY OF THE WESTERLY

LINE OF THE TEN FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 23, 1933 AS INSTRUMENT NO. 506, IN BOOK 12054, PAGE 289, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY , THE NORTH LINE THEREOF BEING PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34.

EXCEPT FROM THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER 1/16TH

OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS, AS RESERVED BY STATE OF CALIFORNIA, IN THE PATENT RECORDED AUGUST 6, 1926 IN BOOK 4684, PAGE 90, OF OFFICIAL RECORDS.

ALSO EXCEPT THE INTEREST IN THE OIL AND MINERAL RIGHTS IN ALL OF SAID LAND RESERVED IN THE DEED FROM MARY A. BROUSSARD, A WIDOW, AND FANNIE B. CROSBY , A SINGLE WOMAN, RECORDED APRIL 11, 1955 IN BOOK 47439, PAGE 431, OF OFFICIAL RECORDS, WHICH RECITES, "RESERVING 50 PER CENT OF ALL OIL AND MINERAL RIGHTS".

BY DEED RECORDED JANUARY 25, 1978 AS INSTRUMENT NO. 78-93545, MARY A.

BROUSSARD AND FANNIE B. CROSBY QUITCLAIMED THE RIGHT OF SURFACE ENTRY TO A DEPTH OF 500 FEET.

Parcel 6 (3118-001-012)

THE NORTH THREE-FIFTHS OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN

BERNARDINO MERIDIAN, IN THE OFFICE OF THE COUNTY RECORDER OF SAID

COUNTY , ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON JUNE 19, 1856, LYING WESTERLY OF THE WESTERLY LINE

OF THE TEN FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 23, 1933 AS INSTRUMENT NO. 506, IN BOOK 12054, PAGE 289, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER

OF SAID COUNTY , THE SOUTH LINE THEREOF BEGIN PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34.

EXCEPT THE WEST 400 FEET.

ALSO EXCEPT THE NORTH 532 FEET.

ALSO EXCEPT THE INCLUSIVE IN THE OIL AND MINERAL RIGHTS IN ALL OF SAID LAND RESERVED IN THE DEED FROM MARY A. BROUSSARD, A WIDOW, AND FANNIE B. CROSBY , A SINGLE WOMAN, RECORDED APRIL 11, 1955 IN BOOK 47439, PAGE 431, OFFICIAL RECORDS, WHICH RECITES, "RESERVING 50 PER CENT OF ALL OIL AND MINERAL RIGHTS".

Parcel 7 (3118-001-011)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF LOS ANGELES (LANCASTER AREA), IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE NORTH 266 FEET MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE

NORTHERLY LINE OF THE NORTH THREE-FIFTHS OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN BERNARDINO MERIDIAN, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY , ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON JUNE 19, 1856, LYING WESTERLY OF

THE WESTERLY LINE OF THE TEN FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 23, 1933 AS INSTRUMENT NO. 506 IN BOOK 12054, PAGE 289, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY , THE SOUTH LINE THEREOF BEING PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34.

EXCEPT THE WEST 400 FEET.

ALSO EXCEPT FROM THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS, AS RESERVED BY STATE OF CALIFORNIA, IN THE PATENT RECORDED AUGUST 6, 1926 IN BOOK 4684, PAGE 90, OFFICIAL RECORDS.

ALSO EXCEPT THE INCLUSIVE IN THE OIL AND MINERAL RIGHTS IN ALL OF SAID LAND RESERVED IN THE DEED FROM MARY A. BROUSSARD, A WIDOW, AND FANNIE B. CROSBY , A SINGLE WOMAN, RECORDED APRIL 11, 1955 IN BOOK 47439, PAGE 431, OFFICIAL RECORDS WHICH RECITES "RESERVING 50 PER CENT OF ALL OIL AND MINERAL RIGHTS".

Parcel 23 (3118-001-013)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED

AREA OF LOS ANGELES (LANCASTER AREA), IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 3: (APN 3118-001-013) THE SOUTH 266 FEET OF THE NORTH 532 FEET

MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE NORTHERLY LINE OF

THE NORTH THREE-FIFTHS OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 8 NORTH, RANGE 12 WEST, SAN

BERNARDINO MERIDIAN, IN THE COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ,

ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL ON JUNE 19, 1856, LYING WESTERLY OF THE WESTERLY LINE OF THE

TEN FOOT STRIP OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 23, 1933 AS INSTRUMENT NO. 506, IN BOOK 12054, PAGE 289 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER

OF SAID COUNTY , THE SOUTH LINE THEREOF BEING PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 34.

EXCEPT THE WEST 400 FEET.

ALSO EXCEPT THE INCLUSIVE IN THE OIL AND MINERAL RIGHTS IN ALL OF SAID LAND RESERVED IN THE DEED FROM MARY A. BROUSSARD, A WIDOW, AND FANNIE B. CROSBY , A SINGLE WOMAN, RECORDED APRIL 11, 1955 IN BOOK 47439, PAGE 431, OFFICIAL RECORDS WHICH RECITES "RESERVING 50 PER CENT OF ALL OIL AND MINERAL RIGHTS".

2 3
4 6
23 5
10 ANTELOPE VALLEY FREEWAY

SIERRA HWY

W AVENUE E

W AVENUE D

W AVENUE F
7 1C
8B
9B
1B
8A
1A
9A

W AVENUE G
30TH STREET SW

AVLC (LOS ANGELES COUNTY, CA) PLANNING AREA EXHIBIT
S:\01 PROJECTS\INDUSTRIAL\4196 ANTELOPE LAC 234 (LOS ANGELES COUNTY, CA)\AV LAND ASSEMBLAGE EXHIBIT\AV LAND ASSEMBLAGE EXHIBIT.DWG ADAM WILLEKE 2025.10.07
SCALE 1:2000'
N

PARCEL AREA APN
PLANNING AREA 2
PARCEL 9 ± 163.12 AC. GROSS
LOT 9A ± 81.56 AC. 3116-022-002
LOT 9B ± 81.56 AC. 3116-022-001
PARCEL 10 ± 157.26 AC. GROSS 3116-008-032
PLANNING AREA 4
PARCEL 8 ± 122.23 AC. GROSS
LOT 8A ± 61.1 AC. 3116-014-038
LOT 8B ± 61.13 AC. 3116-014-039
PLANNING AREA 6
PARCEL 1 ± 243.66 AC. GROSS
LOT 1A ± 57.82 AC. 3118-015-010
LOT 1B ± 67.81 AC. 3118-015-011
LOT 1C ± 118.03 AC. 3118-015-012
PLANNING AREA 7
PARCEL 2 ± 81.32 AC. GROSS 3118-015-003
PLANNING AREA 8
PARCEL 3 ± 40.75 AC. GROSS 3118-001-006
PARCEL 4 ± 7.32 AC. GROSS 3118-001-010
PARCEL 5 ± 18.21 AC. GROSS 3118-001-007
PARCEL 6 ± 6.35 AC. GROSS 3118-001-012
PARCEL 7 ± 5.31 AC. GROSS 3118-001-011
PARCEL 23 ± 6.15 AC. GROSS 3118-001-013
TOTAL GROSS AC. ±851.68

B-1

EXHIBIT “B”

GENERAL PLAN AND ZONING

WESTSIDE ANNEXATION AND SPECIFIC PLAN PROJECT

ENVIRONMENTAL IMPACT REPORT
Exhibit 3-3
Proposed General Plan and Zoning

NOT TO SCALE
12/2024 • JN 202359

CITY OF LANCASTER, CA PRE-ZONING
S:\01 PROJECTS\INDUSTRIAL\4196 ANTELOPE LAC 234 (LOS ANGELES COUNTY, CA)\ANNEXATION EXHIBIT\AV PRE ZONING.DWG JAMES KRAATZ 2024.10.07
SCALE 1:4000'
N

LA COUNTY DESIGNATIONS
RL-20 RESIDENTIAL 1 DU/20 AC., EQUESTRIAN,

AG USES
RL-10 RESIDENTIAL 1 DU/10 AC., EQUESTRIAN,

AG USES
RL2 RESIDENTIAL 1 DU/2 AC., EQUESTRIAN,

LIMITED AG USES
H5 RESIDENTIAL, 0-5 DU/AC.

MU-R MIXED USE RURAL LOW INTENSITY

COMMERCIAL, RESIDENTIAL
IL LIGHT INDUSTRIAL, 1.0 FAR, LIGHT

MANUFACTURING, WAREHOUSES
IH HEAVY INDUSTRIAL, 1.0 FAR, HEAVY

MANUFACTURING, LABOR AND CAPITAL

INTENSIVE USES

P PUBLIC USES
RL-10 RESIDENTIAL 1 DU/10 AC., EQUESTRIAN,
AG USE
IL LIGHT INDUSTRIAL, 1.0 FAR, LIGHT

MANUFACTURING, WAREHOUSES

LAND USE
1 2
3 4
5 6
7 8
9 10

LANCASTER GP DESIGNATIONS
NU (NON-URBAN RESIDENTIAL 1 DU/2.5 AC. TO
2 DU/AC.

NU (NON-URBAN RESIDENTIAL 1 DU/2.5 AC. TO
2 DU/AC.

UR (URBAN RESIDENTIAL) 2.1 - 6.5 DU/AC.

MU (MIXED USE) 21 DU/AC., 1.0 FAR RETAIL,

OFFICE, SERVICE USES

LI LIGHT INDUSTRY

HI HEAVY INDUSTRY

P PUBLIC USES
MR1 MULTIPLE FAMILY RESIDENTIAL

SP SPECIFIC PLAN

LANCASTER ZONING DESIGNATIONS
RR-2.5 (RURAL RESIDENTIAL 2.5, 1 DU/
100,000 SF)
RR-2.5 (RURAL RESIDENTIAL 2.5, 1 DU/
100,000 SF)

MU-E (MIXED USE-EMPLOYMENT)
R-7000 (URBAN RESIDENTIAL, LOW
DENSITY, DU/7,000 SF

MU-E (MIXED USE-EMPLOYMENT)

LI LIGHT INDUSTRY

HI HEAVY INDUSTRY

P PUBLIC USES

MHP MOBILE HOME PARK

SP SPECIFIC PLAN
1 122 2
9 5
6 10
6 10
6 10
10 10
8 8
2 6
6 6
2 8
6 6
314 Acres
1,760 Acres
408 Acres
1,330 Acres
1,414 Acres
70 Acres
1,864 Acres
1,330 Acres

CITY OF LANCASTER, CA PRE-ZONING
S:\01 PROJECTS\INDUSTRIAL\4196 ANTELOPE LAC 234 (LOS ANGELES COUNTY, CA)\ANNEXATION EXHIBIT\AV PRE ZONING.DWG JAMES KRAATZ 2024.10.07
SCALE 1:4000'
N

LA COUNTY DESIGNATIONS
RL-20 RESIDENTIAL 1 DU/20 AC., EQUESTRIAN,

AG USES
RL-10 RESIDENTIAL 1 DU/10 AC., EQUESTRIAN,

AG USES
RL2 RESIDENTIAL 1 DU/2 AC., EQUESTRIAN,

LIMITED AG USES
H5 RESIDENTIAL, 0-5 DU/AC.

MU-R MIXED USE RURAL LOW INTENSITY

COMMERCIAL, RESIDENTIAL
IL LIGHT INDUSTRIAL, 1.0 FAR, LIGHT

MANUFACTURING, WAREHOUSES
IH HEAVY INDUSTRIAL, 1.0 FAR, HEAVY

MANUFACTURING, LABOR AND CAPITAL

INTENSIVE USES

P PUBLIC USES
RL-10 RESIDENTIAL 1 DU/10 AC., EQUESTRIAN,
AG USE
IL LIGHT INDUSTRIAL, 1.0 FAR, LIGHT

MANUFACTURING, WAREHOUSES

LAND USE
1 2
3 4
5 6
7 8
9 10

LANCASTER GP DESIGNATIONS
NU (NON-URBAN RESIDENTIAL 1 DU/2.5 AC. TO
2 DU/AC.

NU (NON-URBAN RESIDENTIAL 1 DU/2.5 AC. TO
2 DU/AC.

UR (URBAN RESIDENTIAL) 2.1 - 6.5 DU/AC.

MU (MIXED USE) 21 DU/AC., 1.0 FAR RETAIL,

OFFICE, SERVICE USES

LI LIGHT INDUSTRY

HI HEAVY INDUSTRY

P PUBLIC USES
MR1 MULTIPLE FAMILY RESIDENTIAL

SP SPECIFIC PLAN

LANCASTER ZONING DESIGNATIONS
RR-2.5 (RURAL RESIDENTIAL 2.5, 1 DU/
100,000 SF)
RR-2.5 (RURAL RESIDENTIAL 2.5, 1 DU/
100,000 SF)

MU-E (MIXED USE-EMPLOYMENT)
R-7000 (URBAN RESIDENTIAL, LOW
DENSITY, DU/7,000 SF

MU-E (MIXED USE-EMPLOYMENT)

LI LIGHT INDUSTRY

HI HEAVY INDUSTRY

P PUBLIC USES

MHP MOBILE HOME PARK

SP SPECIFIC PLAN
1 122 2
9 5
6 10
6 10
6 10
10 10
8 8
2 6
6 6
2 8
6 6
314 Acres
1,760 Acres
408 Acres
1,330 Acres
1,414 Acres
70 Acres
1,864 Acres
1,330 Acres

CITY OF LANCASTER, CA PRE-ZONING
S:\01 PROJECTS\INDUSTRIAL\4196 ANTELOPE LAC 234 (LOS ANGELES COUNTY, CA)\ANNEXATION EXHIBIT\AV PRE ZONING.DWG JAMES KRAATZ 2024.10.07
SCALE 1:4000'
N

LA COUNTY DESIGNATIONS
RL-20 RESIDENTIAL 1 DU/20 AC., EQUESTRIAN,

AG USES
RL-10 RESIDENTIAL 1 DU/10 AC., EQUESTRIAN,

AG USES
RL2 RESIDENTIAL 1 DU/2 AC., EQUESTRIAN,

LIMITED AG USES
H5 RESIDENTIAL, 0-5 DU/AC.

MU-R MIXED USE RURAL LOW INTENSITY

COMMERCIAL, RESIDENTIAL
IL LIGHT INDUSTRIAL, 1.0 FAR, LIGHT

MANUFACTURING, WAREHOUSES
IH HEAVY INDUSTRIAL, 1.0 FAR, HEAVY

MANUFACTURING, LABOR AND CAPITAL

INTENSIVE USES

P PUBLIC USES
RL-10 RESIDENTIAL 1 DU/10 AC., EQUESTRIAN,
AG USE
IL LIGHT INDUSTRIAL, 1.0 FAR, LIGHT

MANUFACTURING, WAREHOUSES

LAND USE
1 2
3 4
5 6
7 8
9 10

LANCASTER GP DESIGNATIONS
NU (NON-URBAN RESIDENTIAL 1 DU/2.5 AC. TO
2 DU/AC.

NU (NON-URBAN RESIDENTIAL 1 DU/2.5 AC. TO
2 DU/AC.

UR (URBAN RESIDENTIAL) 2.1 - 6.5 DU/AC.

MU (MIXED USE) 21 DU/AC., 1.0 FAR RETAIL,

OFFICE, SERVICE USES

LI LIGHT INDUSTRY

HI HEAVY INDUSTRY

P PUBLIC USES
MR1 MULTIPLE FAMILY RESIDENTIAL

SP SPECIFIC PLAN

LANCASTER ZONING DESIGNATIONS
RR-2.5 (RURAL RESIDENTIAL 2.5, 1 DU/
100,000 SF)
RR-2.5 (RURAL RESIDENTIAL 2.5, 1 DU/
100,000 SF)

MU-E (MIXED USE-EMPLOYMENT)
R-7000 (URBAN RESIDENTIAL, LOW
DENSITY, DU/7,000 SF

MU-E (MIXED USE-EMPLOYMENT)

LI LIGHT INDUSTRY

HI HEAVY INDUSTRY

P PUBLIC USES

MHP MOBILE HOME PARK

SP SPECIFIC PLAN
1 122 2
9 5
6 10
6 10
6 10
10 10
8 8
2 6
6 6
2 8
6 6
314 Acres
1,760 Acres
408 Acres
1,330 Acres
1,414 Acres
70 Acres
1,864 Acres
1,330 Acres
Source: T&B Planning, 2024

C-1

EXHIBIT “C”

LIST OF DEVELOPMENT APPROVALS

EXISTING DEVELOPMENT APPROV ALS
• Revised Final Environmental Impact Report for the Westside Annexation and North Lancaster Industrial Specific Plan (SCH #2024081372)
• Findings and Statement of Overriding Considerations
• Mitigation Monitoring and Reporting Program
• Annexation No. 24-002
• General Plan Amendment No. 24-002
• Pre-Zoning No. 24-001
• Specific Plan No. 24-002

FUTURE DEVELOPMENT APPROV ALS
• Tentative/Final Tract Maps
• Tentative/Final Parcel Maps
• Variances
• Adjustments
• Conditional Use Permits/Minor Use Permits
• Site Plan Reviews
• Director’s Reviews
• Grading Permits
• Building Permits

D-1

EXHIBIT “D”

EXISTING LAND USE REGULATIONS
(October 1, 2025)

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17.04.110 Combining zone.

Zone ( ) -VM (Vegetative Management)—For every zone listed in Section 17.04.100 an additional zone designated by the symbol -VM in combination with the respective zoning symbol in Section 17.04.100 is established.
(Prior zoning ord. § 101.3)

17.04.120 Purpose.

It is declared that in the creation of the respective zones set forth in this title, the city council has given due consideration to the suitability of each such zone created for the particular uses contained therein, the area requirements, density of land occupancy and the necessary, proper and comprehensive groupings and arrangements of industry, commerce, and the population of the city in accordance with the adopted general plan of the city.
(Prior zoning ord. § 102)

17.04.130 References to ordinances and state statutes.

Any reference to an ordinance or state statute shall mean that ordinance or statute as amended from time to time.
(Prior zoning ord. § 103)

17.04.140 Title requirements as minimums.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. (Prior zoning ord. § 105)

17.04.150 Replacement of other ordinances.

The provisions of the ordinance codified in this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this title is more restrictive than such other ordinances or part thereof; and that in all particulars wherein this title is not more restrictive each such other ordinance shall continue and shall be in full force and effect. (Prior zoning ord. § 106)

17.04.160 Assumption of power or duty by public officer.

Whenever a power is granted to, or a duty imposed upon, a public officer by this title, the power may be exercised or the duty may be performed by the commission, a deputy of the officer or a person authorized pursuant to law or ordinance by the officer, unless this title expressly provides otherwise. (Prior zoning ord. § 107)

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17.04.170 Delegation of power or duty by commission.

Whenever by ordinance an administrative power is granted to, or an administrative duty imposed upon the commission, the commission may instruct the director to exercise such administrative power or perform such administrative duty. The director shall exercise all such powers, and perform all such duties as he is instructed to do by the commission.
(Prior zoning ord. § 107.5)

17.04.180 Tenses.

The present tense includes the past and future tenses, and the future the present. (Prior zoning ord. § 109)

17.04.190 Gender.

The masculine gender includes the feminine and neuter.
(Prior zoning ord. § 110)

17.04.200 Plural or singular.

The singular number includes the plural, and the plural the singular. (Prior zoning ord. § 111)

17.04.210 Severability.

If any provisions of this title, or the application thereof to any person or circumstance is held invalid, the remainder of the title, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Prior zoning ord. § 112)

17.04.220 Violation—Penalty.

Every person violating any provision of this title or any entitlement, permit, license, or exception granted hereunder is guilty of a violation of this code as specified in Chapter 1.12 of this code. (Ord. 711 § 2, 1995: prior zoning ord. § 113)

17.04.230 Administration of use classifications.

A. In determining compliance with the provisions of this title as it applies to the uses enumerated in the various zones, each principal use shall be considered a separate use of land provided:

1. The accessory uses, buildings and structures shall be deemed an integral part of each principal use; and

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2. That more than one principal use may be placed on a single lot or parcel of land where not in conflict with other provisions of this title.

B. The director shall determine whether a use, building or structure may be considered accessory pursuant to the definitions contained in this title provided, however, that where disagreement arises between said director and an applicant, the commission shall make such determination. (Prior zoning ord. § 114)

17.04.235 Reserved.

Editor's note(s)—Ord. No. 1019, § 3, adopted February 28, 2017, repealed § 17.04.235, which pertained to medical marijuana dispensaries, cultivation and delivery, and derived from Ord. No. 1012, § 1, adopted February 9, 2016.

17.04.240 Definitions.

Unless otherwise provided in this title, the definitions established in this section shall apply wherever such terms are used in this title, whether or not such terms are capitalized. Note: Definitions which are found in Title 16 also apply to the same terms as they are used within this title. "Accessory building or structure" means a detached subordinate building or structure, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone and on the same lot or parcel of land with the main building or use. "Accessory dwelling unit (ADU)" shall have the meaning in subsection 17.41.012.A. "Accessory dwelling unit, junior (JADU)" shall have the meaning in subsection 17.41.012.E. "Accessory use" means a use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use nor serve property other than the lot or parcel of land on which the principal use is located. "Adjacent" means 2 or more lots or parcels of land either adjoining or separated only by an alley, street, highway or recorded easement.
"Adjoining" means 2 or more lots or parcels of land sharing a common boundary line, or 2 or more objects in contact with each other. Lots or parcels of land which touch at corners only shall not be deemed adjoining. "Abut" or "abutting" and "contiguous" mean the same as adjoining. "Adult" means a person who is 18 years of age or older. "Affordability" means the economic feasibility to construct lower -income housing in the proposed development.
"Affordable housing" means housing as defined in Section 65589.5(h)(2) of the Health and Safety Code. "Aircraft" means any contrivance, now known or hereafter invented, for use or designed for navigation of or flight in the air.
"Airport" means any area of land or water which is used or intended to be used for the landing and taking off of aircraft and any appurtenant areas used or intended to be used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Airport includes heliport, helistop and landing strip.
"Alternative fuel" means biological materials, coal-derived liquids, electricity, ethanol, hydrogen, methanol, natural gas, propane and any other fuel that the Secretary of Energy finds to be substantially not petroleum and

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which would yield substantial energy security benefits and substantial environmental benefits. Reformulated gasoline or other fuel derived from crude oil is not considered an alternative fuel. (From Federal Energy Policy Act of 1992).
"Alternative fuel vehicle" means motor vehicles that run on fuels other than petroleum- based fuels. As defined by the National Energy Policy Act (EPACT), this excludes reformulated gasoline as an alternative fuel. "Amphitheater" means unroofed or partially enclosed building or structure used for public assembly and/or entertainment including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Amphitheater" shall include stadium, sports arena and outdoor theater, but shall not include an entertainment park or its accessory buildings or structures. "Antenna" means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes.
"Apartment, bachelor" means a dwelling unit in an apartment house, that combines sleeping, living, cooking and dining facilities into one habitable room. "Light housekeeping room" shall mean the same as bachelor apartment.
"Apartment, efficiency" means a dwelling unit in an apartment house, that combines sleeping, living, cooking and dining facilities into 2 habitable rooms, one of which shall be a kitchen. "Single apartment" and "efficiency living unit" mean the same as efficiency apartment.
"Apartment, one-bedroom" means a dwelling unit in an apartment house, that contains a maximum of 3 habitable rooms, one of which shall be a kitchen.
"Apartment, two or more bedroom" means a dwelling unit in an apartment house that contains more than 3 habitable rooms.
"Area, net" means the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public uses are deducted from such lot or parcel. Does not include trails easement, or landscape easement for lots of less than 7,000 square feet. "Automobile dismantling yard" means any premises used for the dismantling or wrecking of motor vehicles and trailers required to be registered under the Vehicle Code of the state of California including the buying, selling or dealing in such vehicles or integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles and trailers.

Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop. "Automobile impound yard" means any premises used for the temporary storage of vehicles which have been legally removed or impounded at the direction of a peace officer or by judicial order from public or private property as prescribed by law.
"Automobile parking space," as used in this title, means any permanently maintained space on the same lot or parcel of land as is located the structure it is designed to serve, so located and arranged as to permit the storage of, and be readily accessible under its own power to, a passenger automobile of average size. "Automobile storage space" means automobile parking space.
"Automobile repair" means general repair including but not limited to replacement of parts, engine and transmission rebuilding, electronic diagnosis, brakes and alignment, muffler and exhaust replacement, radiator repair or replacement, reconditioning and restoration; maintenance including tune up, oil change, and lubrication; damage repair including but not limited to body work, frame repair, upholstery and painting.

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"Automobile service station" means uses where the primary business is the sale of motor vehicle fuels (including but not limited to alternative fuels such as compressed natural gas (CNG), liquified petroleum gas (LPG), and electric recharging stations), lubricants and other refined petroleum products, and automobile accessories such as tires, batteries, windshield wiper blades and other incidental auto parts, and may also offer minor automobile repair services, but not convenience items such as food or drink other than from vending machines. "Basement" means that portion of a building between floor and ceiling, which is partly below and partly above grade (as defined in this section), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
"Biosolid material" shall have the same meaning as "Sludge." "Borrow pit" means the same as quarry.
"Buildable area" means that portion of the lot remaining after deducting all required setbacks from the lot when considered in conjunction with maximum lot coverage. "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. "Building and safety official" means the building and safety official of the city. "Building, enclosed" means a building enclosed on all sides. "Building-mounted" means mounted to the side of a building, to the façade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure. "Campground" means a lot or parcel of land designed or used for tent camping including picnic areas, but excluding any structures for permanent human occupancy. "Caretaker" means:

1. A person employed by and residing on the premises of an employer; or

2. The owner of any commercial/industrial enterprise or a member of his immediate family who assumes the primary responsibility for the necessary repair, maintenance, supervision or security of the real or personal property of the employer or owner which is located on the same or contiguous lots or parcels of land.
"Cargo container" means and includes, without limitation, a pre -manufactured, assembled reusable structure, typically made of metal but which can be made of other materials, that is delivered to a property in the city for use by an owner, occupant or licensed contractor as storage for construction materials and equipment, household items or other personal property. "Cargo container" includes, without limitation, vessels designed for packing, shipping or transportation of freight, articles, goods or commodit ies, and includes containers that are designed for and capable of being moved by railcar, motor vehicle, or ship. "Cargo container" does not include a storage shed or other structure that is or may be assembled at a property. "Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade (as defined in this section) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
"Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.
"Centerline" means where reference is made to the centerline of any parkway, major or secondary highway, such centerline is deemed to be the centerline established by the county engineer for any proposed or dedicated public way which, in whole or in part, is included in any such parkway, major or secondary highway. Said established centerlines are those shown on a series of maps entitled "County Surveyor's Maps" or "County

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Surveyor's Filed Maps" on file in the office of the county engineer, except that, where two or more such centerlines are shown on any map in said series of maps, the centerline labeled "Proposed Centerline" is deemed to be the centerline of the parkway, major or secondary highway. "Chapter" means a chapter of this title unless some other ordinance or statute is mentioned. "City" means the city of Lancaster.
"City engineer" means the city engineer of the city. The functions of the city engineer may be performed by the Director of Development Services.
"Clean fuel vehicle" shall have the same meaning as stated in division 1 of the Motor Vehicle Code of California.
"Co-located facilities" means wireless telecommunication devices that are attached to existing telecommunication towers or other existing structures such as light standards and power poles. "Commercial coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial purposes, which is required to be moved under permit and shall include a trailer coach as defined in Section 18001.8 of the Health and Safety Code. "Commercial parking lot or building" means a parking area or structure established or operated as a business, providing off-street parking for a fee or charge. "Commission" means the planning commission of the city of Lancaster. "Communication equipment building" means a building housing operating electrical and mechanical equipment necessary for the conducting of a public utility communications business, with or without personnel. "Community care facility" means any State licensed facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically, handicapped, mentally impaired, incompetent persons, and abused or neglected children and includes those types of facilities defined in section 1502 of the State Health and Safety Code.
"Consignment store" means a store which, for a mutually agreed upon method of compensation, accepts new or used merchandise to sell on behalf of the owner. "Dairy" means any place or premises upon which milk is produced for sale or other distribution and where 3 or more cows or 7 or more goats are in lactation.
"Day care center" means any child day care facility other than a family home, and includes infant centers, preschools, and extended day care facilities as defined in Section 1596.76 of the Health and Safety Code. "Density bonus" means an increased density of at least 25% over the maximum authorized density of the zone which is granted to a developer or property owner of a housing project agreeing to construct a prescribed percentage of lower-income units as defined by the California Government Code Section 65915 et seq. "Detached living quarters" means living quarters within a detached accessory building located on the same premises as the main building, for use by temporary guests of the occupants of the premises. Such accessory building shall have no plumbing or plumbing facilities of any kind except for space heating, or air conditioning, or both and except in or for the purpose of supplying water to, or disposing of wastes from, a toilet or bathroom. "Director" means the Director of Development Services of the City of Lancaster or duly authorized representative(s).
"Domestic animal" means an animal which is commonly maintained in residence with man. "Duplex" means a building designed or used for residential purposes and containing 2 dwelling units.

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"Dwelling unit" or "(DU)" means one or more habitable rooms in a building, portion of a building or mobilehome which is designed, intended to be used, or used for occupancy by one family with facilities for living, sleeping, cooking, eating and sanitation, which are legally constructed, placed or installed in accordance with all applicable provisions contained within this code including, but not limited to, the city building, plumbing, electrical and fire codes. Dwelling unit shall also include any room which contains either a kitchen, kitchenette, cooking facilities or cooking appliance. (See definition of "guest room.") "Earth station" means structures comprising one or more large parabolic reflectors which may be mounted on a circular control building and all appurtenant equipment necessary for the receiving, amplifying or transmitting of microwave signals in connection with a public utility communication route or system employing such earth stations and satellites in space.
"Electric distribution substation" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use. "Electric transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a lower sub-transmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltage for distribution to smaller individual users. "Electric vehicle (EV)" means an automotive-type vehicle for highway use, such as passenger automobiles, buses, trucks, vans and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electrical current. For the purpose of this title, electric motorcycles and similar type vehicles and off-road self-propelled electric vehicles such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like are not included within the definition of electric vehicle. If any significant difference, as determined by the Director, exists between this definition and the definition of electric vehicle as stated in the Na tional Electrical Code, then the definition as stated in the National Electrical Code shall apply.
"Electric vehicle charging station (EVCS)" means a location, either within a building or out- of-doors, which is properly and legally equipped with an electric vehicle connector and at which an electric vehicle may park, connect and charge its electrical storage system.
"Electric vehicle supply equipment" means the conductors, including the ungrounded, grounded and equipment grounding conductors, the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle. If any significant difference, as determined by the Director, exists between this definition and the definition of electric vehicle supply equipment as stated in the National Electrical Code, then the definition as stated in the National Electrical Code shall apply.
"Emergency shelter," as defined in health and safety code 50801(e), means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. "Entertainment park" means an entertainment or amusement complex developed as a regional visitor tourist attraction and organized around a central theme such as amusement rides and attractions, tours or exhibitions, including all related accessory uses, buildings and structures designed and operated for patron participation and pleasure in conjunction therewith.
"Equivalent financial value" means the cost to the developer/property owner based on the land cost per dwelling unit. This is determined by the difference in the value of land with and without the density bonus.

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"Family" means an individual or 2 or more persons living in a single dwelling unit. "Family" also mean the persons living together in a residential facility, including transitional and supportive housing. "Family day care home" means a home which regularly provides care, protection and supervision of 14 or fewer children, in the provider's own home, for periods of less than 24 hours a day, while the parents or guardians are away, as defined in Section 1596.78 of the Health and Safety Code and includes the following:

1. "Large family day care home" means a home which provides family day care to 7 to 14 children, inclusive, including children under the age of 10 years who reside at home.

2. "Small family day care home" means a home which provides family day care to 8 or fewer children, including children under the age of 10 years who reside at the home. "Floor area ratio" means the numerical value obtained through dividing the aboveground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land. "Frontage, Building" means that exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street, highway or parkway. Building frontage shall be measured continuously along said building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall.

"Frontage, Street or Highway" means that portion of a lot or parcel of land which borders a public street, highway or parkway. Street or highway frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway or parkway. "Garage, Residential" means an enclosed building, or portion thereof, used for the storage of motor vehicles owned or operated by residents, and for storage and other uses related to normal household purposes. "General plan" means the adopted general plan of the city and all subsequent amendments thereto. "GPS Coordinates" means a system used in geography that enables every location on earth to be specified by a set of numbers, letters or symbols. GPS coordinates are usually expressed as the combination of latitude and longitude.
"Grade" (ground level) is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of sidewalks, the above ground level shall be measured at the sidewalks.
"Gross acreage" means the total area within the boundary lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public uses are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.

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"Gross floor area" means the total horizontal area of all the floors of a building enclosed within the surrounding walls, exclusive of areas within a building designed and used for the parking of vehicles. "Ground-Mounted" means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna.
"Guest house" means living facilities having no kitchen or cooking facilities, located on the same premises with the main building, which is provided for the sole use of family members, temporary guests, or persons permanently employed on the premises. The guest house shall be either attached or detached with a separate entrance and the floor area is limited to 500 square feet. The structure shall comply with all yard, coverage and other provisions of the title for the main dwelling unit and may not be rent ed. (See definition for "detached living quarters.")
"Guest ranch" means any property operated as a ranch which offers guest rooms for rent or hire and which has outdoor recreational facilities such as horseback riding, swimming or hiking. "Guest room" means one habitable room with facilities for sleeping and sanitation which does not contain a kitchen, kitchenette, cooking facilities or cooking appliance(s) (the term "cooking appliance" does not include coffee pots or refrigerators) and is designed, intended to be used, or used as temporary sleeping accommodations for any person.
"Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment; or as this definition is hereafter amended by the state of California.
"Health facility" means a facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one of more persons, to which the persons are admitted for a 24-hour stay or longer, and include those facilities types defined in 1250 of the Health and Safety Code.
"Health retreat" means any use providing a preventive and rehabilitative health care program on a live -in basis and offering dietary education and control as well as physical therapy including gymnasium and other exercise equipment, solariums, yoga, swimming and outdoor recreational activities. "Health retreat" shall not include hospital, medical office or clinic or nudist camp. "Heavy equipment" means bulldozers, graders, tractors, plows, cultivators, and similar earthmoving or farming vehicles and tools, and trucks designed to pull detachable trailers and the trailers they pull.

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"Heavy equipment training school" means a lot or parcel of land used to train operators in the use of earth- moving and construction equipment including motor graders, bulldozers, rollers, earth- movers, cable and hydraulic shovels, front loaders, drilling equipment, pile drivers, standing and truck cranes, fork lifts, welders and similar equipment.
"Height" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. In calculating the height, roof structures which comply with the provisions of Chapter 36 of the Building Code, Ordinance No. 2225, shall not be considered.
"Heliport" means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters.
"Helistop" means any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo but shall not include other appurtenant facilities permitted at a heliport other than a shelter for passengers.
"Highway line" means the ultimate right-of-way established for a regional, primary, secondary, or other arterial street or any other street by the general plan, by this title, or by Title 16 of this code. Such line is coterminous with the lot line on property adjoining a fully widened arterial or other street. "Hog ranch" means any premises where 3 or more weaned hogs are maintained. "Home occupation" means a use conducted for monetary gain within the boundaries of one's property, which use is incidental and secondary to the use of the property for residential purposes, and does not change the residential character or appearance of the dwelling, or adversely affect the uses permitted in the residential zone.

These provisions do not apply to uses which are permitted as a matter of course within residential zones. "Hospital" means any institution, place, building or agency licensed by the Departments of Public Health or Mental Hygiene of the state of California, which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including care during and after pregnancy. Hospital includes sanitarium, sanatorium, maternity home and convalescent hospital.
"Hospital, Small Animal" means any facility providing medical or surgical treatment, clipping, bathing, or other services, including incidental boarding to dogs, cats and other small animals. "Hotel" means any building containing 6 or more completely furnished guest rooms or dwelling units, the majority of which have an entrance directly from an inside corridor, with automobile parking spaces provided on the lot or parcel of land for such guest rooms or dwelling units as required therefor, and such guest rooms or dwelling units are designed, intended to be used, or used for temporary sleeping purposes by registered guests.

No hotel shall be allowed to have more than 40% of its total gross floor area devoted to dwelling units. (See definition of "dwelling unit.")
"Household Appliance, Large" means a tool or machine designed for a particular household use, which is operated by gas or electricity. A large household appliance includes stoves, furnaces, refrigerators, washers, dryers, and similar devices of like size.
"Junk and salvage" means old, secondhand or scrap ferrous and nonferrous metals, paper and paper products including roofing and tar paper, cloth and clothing, wood and wood products, manufactured rubber products, rope, manufactured plastic products, paint, manufactured clay and porcelain products, trash, and similar materials, and shall include dismantled machinery, equipment and parts. Junk and salvage shall also include the baling of cardboard boxes, paper and paper cartons.
"Junk and salvage yard" means any premises, establishment or place of business which is maintained, operated or used for storing, keeping, buying, selling or dismantling of junk and salvage.

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"Kitchen" means any room, all or part of which is designed and used for the storage, refrigeration, cooking and preparation of food.
"Land reclamation project" means a project established to restore otherwise unsuitable land to useful purposes through the use of fill materials such as rubbish, waste, excluding sludge or biosolid materials, soil and other unwanted materials. "Land reclamation project" shall include a dump or waste disposal facility. "Landscape maintenance" means the regular, periodic care that is necessary to keep landscaped areas active and healthy and shall include but not be limited to weed and trash removal, cultivation, irrigation, fertilizing, pruning and replacement of damaged, dying or dead plants with the approved species. "Landscaping" means the preparation of the ground and the subsequent planting of trees, shrubs, vines, ground cover, flowers, or lawns singly or in combination with each other. In addition, the combination or design may include natural features such as rock or stone and structural features including but not limited to fountains, sculpture, walls, fences, and street furniture.
"Lodger" means a person who occupies a rented room in the house of another. "Lot, corner" means a lot or parcel of land situated at the intersection of two or more parkways, highways or streets, which parkways, highways or streets have an angle of intersection measured within said lot or parcel of land of not more than 135 degrees.
"Lot coverage" means the total horizontal area of a lot, parcel or building site covered by any building which extends more than 3 feet above the surface of the ground and including any covered vehicular parking spaces. "Lot depth" means the horizontal distance from the highway line to the rear lot line of the lot or parcel of land, measured from the midpoint of the highway line, where it fronts the lot, to the midpoint of the rear lot line. (See also the definition of "highway line.")

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"Lot, flag" means a lot or parcel of land taking access by a strip, the owner of which lot or parcel of land has fee simple title to said strip extending from the main portion of the lot or parcel of land to the adjoining parkway, highway or street.
"Lot, interior" means a lot or parcel of land other than a corner or flag lot. "Lot line" means a boundary line of a lot or of a parcel of land. "Lot line, front" means a line separating the front yard from the parkway, highway or street upon which the yard fronts or, in the case of a flag lot where the front yard is oriented toward an adjoining lot, the line separating such front yard from said adjoining lot.
"Lot line, rear" means a lot line which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot, the rear lot line shall mean a line 10 feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line. "Lot line, side" means any lot boundary line which is not a front lot line or a rear lot line. "Lot, through" means a lot having frontage on two parallel or approximately parallel parkways, highways and/or streets.
"Lot width" means the horizontal distance between side lot lines as measured at a right angle from the midpoint of a straight line drawn in accordance with the definition of "lot depth." "Low and very low income households" means income limits published by the State Department of Housing and Community Development. This definition applies to both for-rent and for-sale housing. "Low-barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving individuals experiencing homelessness into permanent housing and connecting them to services. A "low barrier navigation center" includes any facility that meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code or any similar facility owned by the city, regardless of whether it strictly meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code. "Major highway" means a major highway or primary arterial designated on the circulation element of the general plan.
"Major wireless telecommunication facilities" means self-supporting, ground mounted facilities that exceed the maximum allowable height in the zone in which they are located. These facilities require Federal Communications Commission and Federal Aviation Administration review. The design of these structures shall best match the background color scheme as seen from the primary roadways adjacent to the site. Ground mounted

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cabinetry shall complement the adjacent buildings in color and material treatment. Typical major wireless telecommunication facilities include data transfer services or personal communication services (PCS), and cellular telephone towers.
"May" is permissive.
"Microwave station" means a building housing equipment necessary for the receiving, amplifying or transmitting of microwave signals, including necessary antenna systems, along a communications route or system which employs microwave frequencies assigned by the Federal Communications Commission. "Ministorage warehouse" means a warehouse and associated office and/or residence designed and intended to serve the storage needs of a variety of users from individuals to businesses on a rental basis. "Mini wireless telecommunication facilities" means accessory structures attached to roof tops or buildings as an accessory or complementary use to the primary land use on the site. These structures do not exceed 10% of the height of the buildings on which they are mounted and must be fully enclosed or designed in a way that is consistent with the architectural design of the buildings on -site. Typical uses of mini wireless telecommunication facilities include building to building communications, local dispatch facilities, and small satellite communications facilities.
"Minor wireless telecommunication facilities" means freestanding structures essential to the primary use of the property and which do not exceed the height limit in the zone in which they are located. The structure can be roof or building mounted or solely ground mounted and be consistent with the design of the existing buildings on- site. Typical minor wireless telecommunication facilities include radio and television towers, regional dispatch facilities, and larger satellite communications facilities. "Mixed use development" means the development of two or more land uses including, but not limited to a combination of residential, commercial or industrial uses on a single parcel of land or in a physically integrated group of structures.
"Mobilehome" means either of the following:

1. A structure transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system; or

2. A structure transportable under permit in one or more sections, designed to be used with a foundation system for any of the following purposes:
a. Three or more dwelling units, as defined in Section 18003.3 of the Health and Safety Code, b. A dormitory. A dormitory shall mean a room or rooms inhabited for the purposes of temporary residence by two or more persons,
c. A residential hotel, as defined in Section 50519 of the Health and Safety Code, d. Efficiency units, as defined in Section 17958.1 of the Health and Safety Code.

Mobilehome does not include a recreational vehicle, commercial coach, or factory -built housing as defined in Section 19971 of the Health and Safety Code. The handicap accessibility and adaptability requirements of Title 24 of the California Code of Regulations applicable to dormitories, hotels and apartment houses shall be applicable to mobilehomes constructed for those purposes.
"Mobilehome lot" means a lot created through the approval of a mobilehome subdivision by the city. "Mobilehome park" means any area or tract of land where two or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate manufactured homes or mobilehomes used for human habitation as defined in Section 18211 of the Health and Safety Code.

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"Mobilehome space" means an area of land within a mobilehome park designed for the accommodation of one mobilehome which is rented or leased by the owner or occupant of a mobilehome for placing a mobilehome thereon for residential purposes.
"Mobilehome subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units into lots, for the purpose of sale of such lots, for use as individually owned sites for the installation of mobilehomes on foundation systems.
"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the department of motor vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials. "Model home" means a dwelling unit which is constructed upon a proposed or recorded lot in a subdivision for which a tentative map has been approved or a final map recorded, and which is intended to be temporarily utilized as an example of a dwelling unit which has been, or is proposed to be, built in the same or similar subdivision or within a 3-mile city radius of the approval location. The number of model homes in a subdivision shall not exceed the number of separate and distinct floor plans offered by t he developer. (A reverse or mirror image of an offered floor plan shall not be considered as a separate floor plan.) "Model studio" means:

1. Any premises on which there is conducted the business of furnishing figure models who pose for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted for persons who pay a fee or other consideration or compensation or a gratuity for the right or opportunity so to depict the figure model, or for admission to or for permission to remain upon or as a condition of remaining upon the premises; and/or

2. Any premises where there is conducted the business of furnishing or providing or procuring for a fee or other consideration or compensation or gratuity, figure models to be observed or viewed by any persons or to be sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted. "Monopole" means a structure composed of a single spire, pole, or tower used to support antennas or related equipment.
"Motel" means a single building or group of attached or detached buildings containing completely furnished guest rooms or dwelling units, the majority of which have a separate entrance directly from outside the building, with conveniently located automobile parking spaces provided on the lot or parcel of land for such rooms or dwelling units as required therefor, which are designed, intended to be used, or used wholly or in part for the accommodation of registered guests who are primarily transient automobi le travelers. No motel shall be allowed to have more than 40% of its total gross floor area devoted to dwelling units. "Motel" shall also include auto courts, motor lodges and tourist courts. (See definition of "dwelling unit.") "Mounted" means attached or supported.
"Multiple-family project" means a building, or a portion of a building designed or used for occupancy by three or more families, living independently of each other and containing three or more dwelling units. "Nightclub" means a place of entertainment, typically open at night, usually serving food and/or alcoholic beverages, which may have a floor show and/or offer live or recorded entertainment or music and/or space for dancing. A use that contains these operational characteristics shall be deemed a nightclub even if alcoholic beverages are not served.
"Nodes" means a connection point, redistribution point, or communication endpoint (e.g., data terminal equipment) within a telecommunications network.

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"Nonconforming building or structure" means, unless otherwise specified by this title, any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all the applicable regulations and standards of development in the zone in which it is located.
"Nonconforming use" means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective, but which due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which it is located. "Nudist camp" means any place where three or more persons not all members of the same family congregate, assemble, associate or engage in any activity while without clothing or covering or with partial clothing or covering but with any pubic area or any portion of the crease of the buttocks exposed in the presence of others or of each other, other than an occasional gathering in, or on the premises of a private home. Nudist camp includes growth center.
"Nuisance" means everything that endangers life, the public health, safety and welfare, gives offense to the senses, violates the laws of decency, or obstructs the reasonable and comfortable use of property by the owner or the occupant.
"Oath" means and includes affirmation.
"Open space" means space upon the land which is unoccupied by buildings, driveways and parking areas. "Open space, private" means open space which is intended for the exclusive use of the owner or tenant of a dwelling unit, which abuts said dwelling unit and is bounded by a wall, fence or landscaping on at least two sides, and may include a patio or balcony (covered or uncovered). "Open space, public" means open space which is available for use by the public at large. "Open space, usable common" means open space which is available for use by all residents of the development and which is landscaped with lawns, trees and shrubs, and may contain paved walkways, patios, swimming pools, and similar improvements. Such open space shall have no dimension thereof less than 10 feet and area thereof not less than 200 square feet. All usable common open space shall be exclusive of required yards. "Ordinance" means an ordinance of the city of Lancaster. "Outdoor festival" means any music festival, dance festival, rock festival or similar musical activity to which both of the following apply:

1. Attendance by more than 500 persons is desired or may reasonably be expected; and

2. The festival will be held at any place other than in a permanent building or permanent installation which has been constructed for the purpose of or is so constructed that it can be used for conducting such activities.

It is immaterial whether music will be provided by paid or professional, or amateur performers or by prerecorded means; or whether admission is to be charged. "Outside display" means the placement of goods, equipment, merchandise or exhibits at a location visible to the public view, other than within a building.
"Outside storage" means the storage of goods, equipment or materials outside of a building for any purpose other than outside display.
"Parcel of land" means a contiguous quantity of land, owned by, or recorded as the property of the same claimant or person, or in the possession of the same claimant or person pursuant to a recorded lease with a term of not less than 20 years.

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"Pawnshop" means an establishment where a pawnbroker loans money on the security of personal property which is pledged in his keeping.
"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county, city and county, municipality, district or other political subdivision, or any other group or combination acting as a unit. "Personal Communication Service means digital low-power, high-frequency commercial wireless radio communication technology that has the capacity for multiple communication services and the routing of calls to individuals, regardless of location.
"Pest control operator" means a person who engages in the business of eradicating or controlling any pest which is or is liable to be dangerous or detrimental to agriculture by the application of any substance, method or device, or who engages in the business of preventing, destroying, repelling, mitigating or correcting any disorder of plants by the same means or both. "Pest control operator" does not include a person engaged in the business of termite eradication or control.
"Plot plan." Whenever this title refers to a "plot plan" or "plan" it shall be construed to mean a site plan. "Pool hall" means any entertainment establishment which has more than four pool tables or in which more than 50% of the gross floor area is devoted to pool tables and the space required to use such tables. "Portable sign" means a freestanding sign not permanently affixed, anchored or secured to either the ground or a structure on the premises it occupies.
"Pot-bellied pig" means a pig classified as Sus scrofa jubatus Muller, or Sus scrofa (cristatus) vittatus, as commonly referred to as a Vietnamese pot-bellied pig, which stands no higher than 20 inches at the shoulder and is no longer than 40 inches from the tip of the head to the end of the buttocks, and weighs no more than 120 pounds. When such animals are located in an R zone they shall be registered with a nationally recognized registry as one of the above species of pot-bellied pigs and considered as pets. "Premises" means any lot or lots and the buildings, structures, or other improvements located thereon. "Principal use" means a primary or dominant use established, or proposed to be established, on a lot or parcel of land.
"Private property" means any property other than public property. "Project grading" means any excavation or fill or combination thereof, necessary and incidental to impending building construction or other lawful development of the premises. Impending building construction or other development as used in this section shall mean the initiation of such construction or development within one year of the date of application.
"Property line" means lot line.
"Pro shop" means an incidental commercial use operated in conjunction with, and on the same premises as a principal recreational use, which offers for retail sale sporting equipment and supplies customarily utilized in participating in such recreational activity. "Pro shop" does not include a general sporting goods store. "Public property" means any real or personal property in which the city or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life preserver, lifesaving equipment, street sign, traffic sign or signal, street median, public park, or other publicly owned property or structure.

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"Public utility service center" means any buildings or premises used for the administration of public utility repair, maintenance and installation crews including parking for vehicles, not to exceed 2 tons rated capacity, but not including warehouses or storage yards.
"Public utility service yard" means any buildings or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility including microwave repeater stations when incorporated as a part of the service yard use.
"Quarry" means any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite, or other similar material is removed by excavation or otherwise. Quarry shall include mining operations for the removal of ores, precious stones, or other solid materials but shall not include project grading. "Recreation club, commercial" means a commercial enterprise offering the use of outdoor recreational facilities to the public.
"Recreation club, private" means an association of persons who are bona fide members, paying regular dues, and organized to provide outdoor recreational facilities for members and their guests but not including an association organized primarily to render a service customarily carried on as a commercial enterprise. "Recreation facilities, neighborhood" means outdoor recreation facilities established by an association of persons who are bona fide members and operate as a nonprofit corporation to provide outdoor recreation facilities for residents in the immediate vicinity and their guests. Such facilities may include a clubhouse, changing rooms and similar subordinate facilities in conjunction with the outdoor recreation activity but shall not include a restaurant, bar or pro shop.
"Recreational trailer park" means any area or tract of land, within an area zoned for recreational use, where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.
"Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy as defined in Section 18010 of the Health and Safety Code.
"Recyclable material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.

Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A "certified recycling facility" or "certified processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:

1. "Collection facility." A collection facility is a center for the acceptance by donation, redemption or purchase, of recyclable materials from the public. Such a facility does not use power -driven processing equipment except as indicated in Article VI of Chapter 17.40, Criteria and Standards for Recycling Facilities. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of not more than 500 square feet, and may include:
1) A mobile unit,

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2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet,
3) Kiosk type units which may include permanent structures, 4) Unattended containers placed for the donation of recyclable materials; c. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.

2. "Processing facility." A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of 2 outbound truck shipments per day.

Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers. b. A heavy processing facility is any processing facility other than a light processing facility. "Redevelopment agency" means the redevelopment agency of the city of Lancaster. "Renovation, exterior façade" means a resurfacing of an existing building frontage so that the façade and signs are integrated into one unit.
"Required area" means:

1. The area of a lot which is shown as a part of a subdivision for purposes of sale, recorded as a final map or filed as a record of survey map approved as provided in the Subdivision Map Act or as provided in Ordinance No. 4478, entitled "Subdivision Ordinance," adopted March 19, 1945, except that where a parcel which otherwise would have been shown as one lot, is divided into two or more lots because of a city boundary line or a line between land the title to which was registered under the Land Title Law (Torrens Title) and land the title to which was not so registered, in which case "required area" means the area of such parcel; or

2. The area of a lot or parcel of land the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has a right of possession of any contiguous parcel of property; provided, that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the board of supervisors of the ordinance, which imposes the area requirements upon such lot or parcel of land; or

3. Minimum lot area is specified in the property development regulations of the zone. Required area shall not include the access strip of a flag lot extending from the main portion of the lot or parcel of land to the adjoining parkway, highway or street.

4. Where neither subsection 1, 2 or 3 applies, the required area is:
a. In the CPD zone the minimum lot area is 5,000 square feet.

5. A lot shown as such on a subdivision for the purpose of lease only does not have the required area unless it complies with subsection 2, 3 or 4 of this definition. "Residence" means a building designed as a one-family dwelling unit or a two-family dwelling unit which complies with the current adopted U.B.C.

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"Reverse vending machine(s)" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all 3 container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse ven ding machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time; and will pay by weight instead of by container. "Roof-mounted" means mounted above the eave line of a building. "Room, habitable" means an enclosed subdivision in a building commonly used for sleeping, living, cooking or dining purposes, excluding closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage space, cellars, utility rooms, and similar spaces. For purposes of applying parking space requirements:

1. If any of the above excluded rooms or spaces equals or exceeds 90 square feet of superficial floor area and is capable of being used for living or sleeping purposes, such room or space shall be considered a habitable room; or

2. If any room or space equals or exceeds 150 square feet of superficial floor area and is so designed to be capable of being used for both cooking and living, living and sleeping, or cooking and sleeping purposes, such room or space shall be considered as 2 habitable rooms, except in a bachelor or efficiency apartment. Superficial floor area shall be measured as clear floor space, exclusive of fixed or built-in cabinets or appliances.
"Rooming house and boarding house" means a lodging house, or other building or structure maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole, or any part of the public whether with or without meals. Rooming house includes fraternity and sorority houses.
"Safety" means and includes a water supply for fire protection which complies with the requirements of Ordinance No. 7834 entitled "water ordinance," adopted August 2, 1960. "Scenic highway" means a highway within the state scenic highway system of the state of California. "Service provider" means an entity that has traditionally provided telephone and similar services. This includes incumbent local exchange carriers, competitive local exchange carriers, and mobile wireless communication companies. Examples include Verizon, AT & T, and Sprint. "Scrap metal processing yard" means any establishment or place of business which is maintained, used or operated solely for the processing and preparing of scrap metals for remelting by steel mills and foundries. "Second dwelling unit" means an additional dwelling unit on a lot or parcel which provides complete independent living facilities and may be rented. For the purposes of this title a granny house is considered a second dwelling unit.
"Section" means a section of this title unless some other ordinance or statute is mentioned. "Senior citizens and handicapped persons housing development" means a multiple -family housing development maintained for the occupancy of the elderly in which not more than 10% of the occupants are under 62 years of age, or for handicapped persons whose disabilities seriously restrict operation of a motor vehicle. "Senior mobilehome park" is a mobile home park in which at least 80% of the spaces are occupied by or intended for occupancy by at least one person who is 55 years of age or older, or in which 100% of the spaces are occupied or intended for occupancy by persons 62 years of age or older.

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"Shadow plan" means a diagram of the total area likely to be shaded from the sun on December 21st by an object of given height and dimension.
"Shall" is mandatory.
"Shopping center" means a group of attached commercial buildings, with a common architectural theme, which is designed and intended to house retail commercial uses on a lot(s) or parcel(s) of land with a total net area of 2 acres or more which is planned, developed and managed as an operating unit including the provision of on- site common parking and access to serve each use and its customers. "Sign" means any name, figure, character, outline, spectacle, display, delineation, announcement, advertising, billboard, signboard, device, appliance, or any other thing of similar nature to attract attention outdoors or on the face, wall or window of any building, and shall include all parts, portions, units and materials composing the same, together with the frame, background and support of anchorage therefor, as the case may be.

Any sign authorized by this title is allowed to contain noncommercial copy in lieu of any other copy. "Sign area" means the entire surface area, excluding all support structures, of a single -faced sign or the largest face of a sign having 2 or more faces.

"Sign Area, Total" means the sum of the surface areas, excluding all support structural faces of a sign.

"Sign, awning or entrance canopy" means any sign affixed to an awning or removable canopy not permanently attached to or built as part of a building. Such signs shall be considered the same as a projecting sign for purposes of regulation.
"Sign, building identification" means a sign which contains no advertising matter other than the name and/or trademark and/or address of the building to which it is affixed or of the occupant located therein. "Sign, bulletin or special event" means a changeable copy sign on which bulletins, notices, messages or displays are placed.

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"Sign, business" means a sign directing attention to the principal business, profession or industry located upon the premises upon which the sign is displayed, to type of products sold, manufactured or assembled, or to services or entertainment offered on said premises.
"Sign, changeable copy" means a sign which is characterized by manually changeable copy, letters, symbols or numerals.
"Sign, civic organization" means a sign which contains the names of, or any other information regarding civic, fraternal or religious organizations located within an unincorporated community or city but which contains no other advertising matter
"Sign, community identification" means a sign which contains the name of an unincorporated community or city of the county and appropriate travel directions but which contains no other advertising matter. "Sign, construction" means temporary sign denoting the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. "Sign, directional and/or informational" means a sign which indicates the route to, direction of, or location of a given goal, or which provides regulatory or service information of a nonadvertising character. "Sign face" means that portion of a sign intended to be viewed from one direction at one time. Spherical, cylindrical, or other 3-dimensional signs not having conventional sign faces shall be considered to have 2 faces and the area of each sign face shall be computed from the smallest 3 -dimensional geometrical shape or shapes which will best approximate the actual surface area of said faces.

"Sign face height" means the vertical dimension of a sign face. "Sign face length" means the horizontal dimension of a sign face. "Sign, flashing or scintillating" means any sign which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion or creates the illusion of motion, or revolves in a manner to create the illusion of being on or off.
"Sign, freestanding" means a sign which is placed on the ground or has as its primary structural support one or more columns, poles, uprights or braces in or upon the ground. "Freestanding sign" includes ground, monument, pole and post signs.
"Sign, freeway-oriented" means a sign oriented to be viewed primarily from an adjacent freeway which identifies a business engaged in the provision of food, lodging or motor vehicle fuel, and which is primarily dependent upon said freeway.

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"Sign, fuel pricing" means a sign indicating, and limited to, the brand or trade name, method of sale, grade designation, and price per gallon of gasoline or other motor vehicle fuel offered for sale on the business premises; and such other information as may be required by county ordinance or state law. "Sign, incidental business" means a business sign indicating credit cards accepted, trading stamps offered, trade affiliations and similar matters.
"Sign, lighted" means a sign which is illuminated by any source whether internal, external or indirect. "Sign, marquee" means any sign painted on or affixed to the perimeter or border of a permanently roofed structure constructed as a part of a building and protruding over public or private sidewalks or rights -of-way. Such signs shall be considered wall signs for purposes of regulation. "Sign, monument" means a freestanding sign which does not exceed 12 feet in height and is supported by an enclosed structure which has at least the same length and width as the sign face it supports.

"Sign, outdoor advertising" means any sign directing public attention to a business, profession, product or service that is not a primary business, profession, product or service which is sold, manufactured, conducted or offered on the premises where such sign is erected or maintained. "Outdoor advertising sign" includes billboard. "Sign, pole" means a freestanding sign which is supported entirely by unenclosed poles or uprights in or on the ground. (This definition shall not apply to outdoor advertising signs.) "Sign, portable" means a freestanding sign which is not permanently affixed, anchored or secured to either the ground or a structure on the premises it is intended to occupy. "Sign, post" means a freestanding sign which is supported by not more than 2 enclosed poles or uprights in or on the ground, and the horizontal dimensions of such enclosure where it faces the same direction as the sign face is not less than 50% of the maximum length of the sign face. Where 2 enclosed poles or uprights are used the sum of the 2 equal horizontal dimensions of the enclosures is not less than 50% of the maximum length of the sign face.

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"Sign, project identification" means a sign which displays only the name of a multiple -family development or project and shall be only a wall sign or monument sign. "Sign, projecting" means a sign which is affixed to and wholly supported by an exterior wall of a building or structure other than a wall sign.
"Sign, pylon" means a freestanding sign in which the sign face is separated from ground by means of one or more supports such as enclosed poles, pole covers or columns. "Sign, revolving" means a sign or any portion thereof which rotates, moves or appears to move in some manner by mechanical, electrical, natural or other means. "Sign, roof" means any sign erected upon and wholly supported by the roof of any building or structure. "Roof sign" shall not include a wall sign affixed to the roof eaves or that portion of an actual or false roof varying less than 45 degrees from a vertical plane as provided by this title. "Sign, sidewalk" means a temporary, portable sign typically near or upon a sidewalk. "Sign structure" means a structure existing, erected or maintained to serve exclusively as a stand, frame or background for the support or display of signs.
"Sign, subdivision directional" means a temporary single-faced sign used for the purpose of providing travel directions to a subdivision development offered for public sale for the first time. "Sign, subdivision entry" means a temporary sign which provides necessary travel directions to and within a subdivision offered for sale or lease for the first time but contains no other advertising matter. "Sign, subdivision kiosk" means a sign erected for the purpose of providing directional information in a uniform manner to new residential developments offered for sale for the first time to the public. Said sign may identify multiple developments and shall contain no advertising information other than the name of the development and a directional arrow. Subdivision kiosk signs may also contain directional information to public facilities.
"Sign, subdivision sales" means a temporary sign which contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time. "Sign, subdivision special-feature" means a temporary sign which contains a description of the features and related information pertaining to a model home complex in a subdivision offered for sale or lease for the first time. "Sign, temporary" means any sign which is intended to be posted for a maximum period of one year.

Temporary signs include, without limitation as to content, political campaign signs, garage sale signs, search lights, real estate—for sale, lease, rent, or open house signs, holiday decorations, and seasonal sales signs. "Sign, temporary personal message" means a sign which is of a temporary nature and which displays only personal, as opposed to commercial, messages from the resident owner or occupant of the residential premises.

Such messages may include, but are not limited to, birth announcements, greeting for a birthday or anniversary, and other messages of a personal nature.
"Sign, temporary window" means any sign painted on a window or constructed of paper, cloth, canvas or other similar lightweight material, with or without frames, and affixed to the interior side of a window and displayed so as to call to the attention of persons outside the building a sale of merchandise or a change in the status of the business.
"Sign, time, temperature and public service" means a sign which uses any system to display the time of day and/or atmospheric temperature, and which may have the means to display a programmable electronic public service message. Electronic messages of an advertising nature are not permitted on such signs. "Sign, under-marquee" means any sign suspended from the underside of a permanently roofed structure constructed as part of a building and protruding over public rights -of-way or private sidewalks.

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"Sign, wall or wall-mounted" means a sign, other than a roof sign, affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of said building and is not projecting more than 18 inches from the building face or from a permanent roofed structure projecting therefrom.

"Sign, window" means any sign which is painted on or otherwise permanently affixed to the display window glass or located inside the building within 3 feet of the display window glass. "Single-family attached residence" means a building, containing only one kitchen, designed or used to house not more than one dwelling unit, which shares a common wall or walls with another dwelling unit or units of the same type, and which is located on a separate lot from the unit or units with which it shares a common wall or walls. No such dwelling unit may occupy any space over or above another dwelling unit. "Single-family detached residence" means a building containing only one kitchen, designed or used to house not more than one dwelling unit, not attached to or sharing a common wall with any other dwelling. "Slope" means the degree of deviation of surface from the horizontal, usually expressed in percent or degrees.

Slope Percentage = rise / run = (x) feet run to one foot rise "Sludge" means the accumulated matter, whether mechanically treated, irradiated, digested, stabilized, composted, or untreated, produced in the treatment of wastewater. This includes liquid, semi -liquid, and solid material that has been mechanically dewatered or air dried. "Solar energy system" means either of the following depending upon the context of the ordinance:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage and distribution of solar energy lot space heating or cooling, or for water heating, or generation of electricity; or

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, or for water heating. "Solid fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.

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"Solid fill project" means any operation on a parcel of land where more than 1,000 cubic yards of solid fill materials are deposited for any purpose including the grading or reclaiming of land. "Special use permit" means whenever this title, or any case granted thereunder, refer to a "special permit" or a "special use permit" it shall be construed to mean a conditional use permit. "Stable, boarding" means a stable for the boarding of horses, mules or ponies for compensation. "Stable, commercial" means a stable which offers horses, mules or ponies for hire. Such stables may also offer training for such animals and/or riding instruction. Commercial stables may also board such animals for compensation.
"Stand" means a structure for the display and sale of products with no space for customers within the structure itself.
"Station" means the stopping place in a transportation system designed or intended to be used for the receiving or discharging of passengers and cargo, but shall not provide for the storage of the conveyance vehicle and shall not include any appurtenant facilities other than a shelter and ticketing facilities for passengers. Stations include train stations, bus stations, and similar transit stations. "Stealth communication facilities" means wireless telecommunication facilities that may be over the height limit in the zone in which they are located, but are designed or camouflaged to blend into the surrounding background environment or be enclosed into the structure upon which they are mounted. Stealth facilities would not be recognizable as a wireless telecommunication device. Examples include wireless telecommunication facilities constructed within church steeples or towers, camouflaged by vegetation, or designed into the construction of other architectural building features.
"Story" is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. Story includes a basement but not a cellar. "Street." See Section 16.04.060 of this code for definitions of the various types of streets. "Structure" means anything construed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground. "Subdivision development" means a subdivision located wholly or partially within the city, a final map of which has been recorded prior to the date on which an application for a subdivision directional sign pursuant to the provisions of Section 17.40.220C has been filed.
"Subdivision directional sign base" means the base structure upon which subdivision directional signs are placed.
"Subdivision ordinance" means the subdivision ordinance of the city, codified as Title 16 of this code. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
"Telephone repeater station" means a building used for housing amplifying equipment along aerial or underground telephone cable routes.
"Temporary wireless communications facility" means a wireless communications facility that is kept portable or mobile and deployed while a permanent facility is under construction. "Terminal" means any facility designed or intended to be used for the receiving or discharging of passengers or cargo and providing for the temporary or permanent storage of the conveyance vehicle. Terminals include train

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terminals, airports, bus terminals, freight terminals, harbor terminals, or any combination of the above commonly referred to as multipurpose terminals.
"Theater" means an enclosed building used for public assembly and/or entertainment including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Theater" includes auditorium.
"Tower height" means the height of the actual tower plus one-half the rotor diameter on horizontal axis installations, and the distance from the base of the tower to the top of the unit on vertical axis installations. "Transitional housing" means buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than 6 months from the beginning of the assistance.
"Travel trailer" means a vehicle other than a motor vehicle which is designed for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license. "Travel trailer park" means any area or tract of land or a separate designated section within a mobilehome park where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles used for travel or recreational purposes.
"Use" means and includes construction, establishment, maintenance, alteration, moving onto, enlargement and occupation. Wherever this title prohibits the use of any premises for any purposes, such premises and any building, structure or improvement on such premises shall not be used, occupied, altered or improved for such purpose, and no building, structure or improvement on such premises shall be erected, constructed, established, maintained, allowed to remain, altered, moved onto, or enlarged which is des igned, arranged or intended to be occupied or used for such purpose.
"Veterinary clinic, small animal" means any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from anesthetic. "Video game arcade" means any use where five or more coin-operated games of skill are kept and maintained for public use.
"Waste disposal facility" means any dump, transfer station, land reclamation project, incinerator except household incinerators and wood refuse to be burned in a suitable furnace, or other similar site or facility which is used or intended to be used for the transfer, salvage or disposal of rubbish, garbage or industrial waste. Waste disposal facilities do not stockpile, commercially compost, process, or handle sludge or biosolid materials. "Wild animal" means any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.
"Wind energy conversion system" means a mechanism which is designed to utilize the natural movement of air as a means of generating electricity. The following terminology as it pertains to wind energy conversion systems is listed below:
"AWEA" means American Wind Energy Association.
"FAA" means Federal Aviation Administration.
"Guy wires" means wires or cables used in tension to support a tower. "Non-commercial wind energy system ("NC-WES")" means a small wind energy system suitable for Rural Residential Zone (RR-1 and RR-2.5 only) meeting the requirements of Section 17.08.337, consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables

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Investment Plan administered by the California Energy Commission and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity. "Tower" means the portion of the NC-WES upon which the wind turbine is mounted. "Tower height" means the height above grade of the fixed portion of the tower measured from the ground to the top of the tower, excluding the wind turbine, blades and wind- measuring devices. "USGS" means the United States Geological Survey.
"Utility pole" means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.
"Vertical axis wind turbine (VAWTS)" means a small scale, non-commercial vertical axis wind turbine system, designed with a vertical axis, suitable for residential zones consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce on- site consumption of utility power by converting mechanical energy into electricity. "Wind turbine" means a non-commercial small wind turbine consisting of a wind turbine generator and rotors, which has a rated capacity of not more than one hundred (100) kilowatts (kW) and which converts kinetic energy in wind into mechanical energy.
"Wireless telecommunications facility" means a land use facility supporting antennas whips, panels or microwave dishes that send or receive radio frequency signals. Wireless telecommunication facilities include the structures or towers and related equipment buildings or cabinetry supporting the facility and can be manned or unmanned. Wireless telecommunications do not include noncommercial communication facilities such as licensed amateur radio stations and standard radio and television receive-only antennas. "Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this title, it shall be made in writing in the English language unless it is expressly provided otherwise. "Yard" means an open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title. "Yard, front" means a yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the highway line of any arterial or other street on which the property fronts, and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot in Section 17.08.170A. On corner lots the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining arterial or other street.
"Yard, rear" means a yard extending across the full width of the lot or parcel of land. The depth of the required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.
"Yard, side, corner" means a yard bounded by an arterial or other street, extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of such required side yard shall be a specified horizontal distance between the highway line of the arterial or other street on which the property sides, and a line parallel thereto on the lot or parcel of land.
"Yard, side, interior" means a yard extending from the required front yard, or the highway line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard

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is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line and a line parallel thereto on the lot or parcel of land. "Yard, street side" means the same as corner side yard. (Ord. 900 § 1, 2008; Ord. 896 § 1 (Exh. A §§ 1, 2), 2008; Ord. 862 § 1, 2006; Ord. 849 § 1 (Exh. A § 1), 2005; Ord. 758 § 1 (Exh. A § 1 (part)), 1999; Ord. 753 § 1 (Exh. A § 1 (part)), 1999; Ord. 713 § 1, 1995; Ord. 711 § 3, 1995; Ord. 681 §§ 1, 2, 1995; Ord. 663 § 1, 1994; Ord. 661 § 3, 1994; Ord. 651 § 3, 1993; prior zoning ord. §§ 120 —120.25) (Ord. No. 921, § 1, 6-9-09; Ord. No. 954, § 1, 12-14-2010; Ord. No. 989, §§ 2—5, 7, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023) Chapter 17.08 RESIDENTIAL ZONES1
Article I. In General

17.08.010 In general.

As used in this title, "residential zones" mean the RR, R, MHP, MDR and HDR zones. (Ord. No. 989, § 1, 4-9-2013)
Article II. Non-urban, Urban, Medium and High Density Residential Zones

17.08.020 Purpose and intent.

The purpose and intent of the residential zones are to implement the city's general plan, and land use designations as set forth in the text of the general plan and as delineated on the general plan map. The adopted general plan specifies goals, objectives, policies, and specific actions with regard to residential uses and development.

1Editor's note(s)—Ord. No. 989, § 1, adopted April 9, 2013, repealed ch. 17.08, §§ 17.08.010— 17.08.400 and added a new ch. 17.08, §§ 17.08.010—17.08.500. The former chapter pertained to similar subject matter and derived from prior zoning ord. §§ 200.000, 201.010—201.021, 201.023—201.025, 201.027, 201.040, 201.050, 201.060—201.062, 201.070—201.075, 201.080, 201.083, 201.085, 201.086, 201.088, 202.010, 202.015, 202.020, 202.021, 202.024, 202.025, 202.050, 202.052, 202.053, 202.070, 211.000— 211.130,

2.12.000—2.12.140, 212.200—212.230, 213.100—213.130, 213.500—213.585, 214.200, 214.300; Ord. 651 §§ 4(part), 5, 1993; Ord. 658, § 1, 1994; Ord. 663 § 2, 1994; Ord. 681 § 3, 1995; Ord. 711 §§ 4— 13, 18(part), 19(A), 30(part), 31, 43(part), 1995; Ord. 713 §§ 2, 4, 1995; Ord. 752 § 1, 1999; Ord. 758 § 1(Exh. A §§ 2, 3), 1999; Ord. 812 § 2, 2003; Ord. 815, Exh. A, 2003; Ord. 816, Exh. A(part), 2003; Ord. 837, § 1 Exh. A(part), 2004; Ord. 854, § 1(Exh. A), 2006; Ord. 879 § 1(part), 2007; Ord. 896, § 1(Exh. A §§ 3, 4), 2008; Ord. 900 §§ 2—6, 2008; Ord. No. 907, § 4, adopted October 28, 2008; Ord. No. 921, §§ 2— 4, adopted June 9, 2009; Ord.

No. 924, § 1, adopted August 25, 2009; Ord. No. 933, §§ 1—3, adopted October 13, 2009; Ord. No. 941, § 3, adopted February 9, 2010; Ord. No. 954, §§ 2—6, adopted December 14, 2010; Ord. No. 956, §§ 1, 2, adopted January 11, 2011; Ord. No. 964, § 1, adopted May 24, 2011; Ord. No. 971, §§ 4 —6, adopted October 25, 2011.

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It shall not be the intent of this title to render previously legally created building lots or legally constructed buildings which do not comply with the property development regulations of this title to be nonconforming where these lots or buildings complied with the ordinances in effect at the time of their creation or construction. (Ord. No. 989, § 1, 4-9-2013)

17.08.030 Purposes of the Residential zones.

A. Non-Urban Residential or RR Zones. These zones are intended to provide for single -family dwellings in a non- urban environment with minimal urban services. The primary difference between the zones is the minimum lot size. Only those additional uses that are complementary to and exist in harmony with a rural residential neighborhood are allowed.

1. The RR-2.5 (rural residential) zone implements the "non-urban residential, rural residential" designation. This zone is intended for rural single-family residential use, allowing one dwelling unit per minimum net area of one hundred thousand (100,000) square feet;

2. The RR-1 (rural residential) zone implements the "non-urban residential, low density" designation. This zone is intended for low density single-family residential use, allowing one dwelling unit per minimum net area of forty thousand (40,000) square feet; and

3. The SRR (semi-rural residential) zone implements the "non-urban residential, transitional density" designation. This zone is intended for transitional density between the rural and urban land uses, allowing one dwelling unit per minimum net area of twenty thousand (20,000) square feet.

B. Urban Residential or R Zones. These zones are intended to provide for single -family dwellings in an urban environment with full urban services. Only those additional uses that are complementary to and exist in harmony with an urban residential neighborhood are allowed.

1. The R-15,000 zone implements the "urban residential, transitional density" land use designation. This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of fifteen thousand (15,000) square feet;

2. The R-10,000 zone implements the "urban residential, transitional density" land use designation. This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of ten thousand (10,000) square feet; and

3. The R-7,000 zone implements the "urban residential, low density" land use designation. This zone is intended for single-family dwellings, allowing one dwelling unit per minimum net area of seven thousand (7,000) square feet.

C. Medium and High Density Residential Zones. These zones are intended to provide for medium to high density multiple-family dwellings in an urban environment with full urban services. Only those additional uses that are complementary to and exist in harmony with such residential developments are allowed.

1. The MDR zone implements the "medium density residential" land use designation. This zone includes lower intensity residential dwelling units, with a density range of 6.6 to fifteen (15) dwelling units per acre; and

2. The HDR zone implements the "high density residential" land use designation. This zone includes higher density residential dwelling units, with a density range of 15.1 to thirty (30) dwelling units per acre.
(Ord. No. 989, § 1, 4-9-2013)

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17.08.040 Applicability of standards.

A person shall not use any premises in the residential zones, except as hereafter permitted in this title and subject to all regulations and conditions enumerated in this title. Development and new land uses proposed within the residential zones shall comply with the standards in this section for the applicable zones, as follows:

A. Use. Only the land uses allowed by Section 17.08.050 shall be established in the applicable zone. In the instance when an applicant proposes a use that is not specifically listed in Section 17.08.050, the planning director shall make a determination on whether it is allowed or not, based on the finding that the proposed use would complement and be able to exist in harmony with other permitted uses in the same zone.

B. Site Specifications and Building Placement. Each proposed structure shall comply with the build- to line, setback, and buildable area requirements in Section 17.08.060 as required for the applicable zone.

C. Building Size and Massing. Each proposed structure shall adhere to size, massing, and height standards established by Section 17.08.060 for the applicable zone.

D. Parking. On-site parking shall be provided, located, and designed in compliance with Section 17.08.060 for the applicable zone.

E. Development and Building Types. All developments shall substantially resemble one of the development and building types listed in Section 17.08.060, or feature primary characteristics of the development and building types. All residential developments whi ch meet the objective development standards in Section 17.08.060 and the objective design standards in Chapter 17.41, Article IV, shall be deemed to meet this requirement.

F. Other Design Requirements. All other requirements listed in Section 17.08.060, Section 17.08.070, and all applicable guidelines in the city design guidelines shall apply. All residential developments which meet the objective development standards in Section 17.08.060 and the objective design standards in Chapter 17.41, Article IV, shall be deemed to have met the discretionary design standards in Section

17.10.070 and applicable guidelines.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.08.050 Uses and permit requirements.

A. Uses and permit requirements. The uses and permit requirements applicable to the residential zones are identified in the Uses Matrix below. Uses which do not fall into any other category, and are not temporary uses, uses subject to director's review, or uses subject to permit in these zones, shall be subject to interpretation of the director. The requirement for site plan review in Section 17.08.050.B applies to all uses, except permitted (P) uses and uses subject to director's review (D) unless otherwise i ndicated below.

Residential Zones — Uses Matrix
USES
P = permitted use / D = director's review
C = conditional use / N/A = not allowed
* Site plan review (SPR) required
ZONES
RR-2.5
RR-1
SRR
R-15,000
R-10,000
R-7,000
MDR
HDR
A. Uses.

Single-family house on individual lot D D D
Two-unit projects (Subject to Chapter 17.41, Article III) D D D Duplex D D D
Multi family N/A N/A P*

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Residential planned development (RPD) C C C
Health facility7 N/A C C
Residential facility (small - six beds or fewer)8 P P P Residential facility (seven or more beds)8 N/A C C
Mobilehome and manufactured homes on individual lot D D D Mobilehome parks Permitted in MHP zone only
B. Accessory uses.

Accessory structures/buildings (gazebos, sheds, etc.) (Subject to Section 17.08.160)

P P P
Swimming pools and pool equipment (Subject to Section

17.08.160)

P P P
Accessory dwelling unit and junior accessory dwelling units (Subject to Chapter 17.41, Article I)

P P P
Small family daycare (up to 7 children) P P P2
Large family daycare (8 to 14 children) P P P2
Home occupation/home office (Subject to Section 17.08.200) P P P Electric vehicle charging station (EVCS) P P P
Non-commercial solar energy systems, including building and ground-mounted photo-voltaic (PV) panels

P P P
Non-commercial wind energy systems (NC-WES) D D D
Vertical-axis wind turbines (VAWTs) D D D
Cargo containers3 D N/A N/A
Light agricultural uses3, 9 P N/A N/A
Carnivals6 D D D
C. Temporary uses.

Temporary mobilehome as residence during construction D D D Real estate sales office in conjunction with new subdivision D D D Model homes in conjunction with new subdivision D D D Cargo containers (Subject to Section 17.08.170) D D N/A D. Other uses.

Animal boarding and training; kennels4 C N/A N/A
Animal hospital4 C N/A N/A
Arboretums and horticultural gardens C N/A N/A
Churches C C C
Colleges and universities C C C
Commercial crop production9 P N/A N/A
Commercial solar electrical generation facilities4 C N/A N/A Community gardens D D D
Daycare facility (serving children or adults) (Subject to Section

17.08.190)

C C C
Electric distribution substations C C C
Equestrian center; commercial or boarding stables3 C N/A N/A Expansion of parking lot for institutional uses D D D Feed stores and related accessory uses3 C N/A N/A
Gas metering and control stations C C C
Golf courses and driving ranges, and accessory facilities C C C Land reclamation projects4 C N/A N/A

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Parking lots as a transitional use D D D
Radio and television stations and towers3 C N/A N/A
Retail nurseries3 C N/A N/A
Rooming and boarding houses N/A N/A C
Schools, not including trade or commercial schools C C C Single-room occupancy (SRO) (Subject to 17.08.245) N/A N/A D Water reservoirs, pumping stations, tanks, wells, etc. P* P* P* Wireless telecommunication facilities (stealth)5 D D D Wineries (minimum 10 gross acre lot)9 C N/A N/A

Notes:
1 R-7,000 and R,10-000 zones only
2 Use, development standards and permit requirements shall be determined by the director when compatible with existing and surrounding areas and adjacent properties
3 RR-1 and RR-2.5 zones only
4 RR-2.5 zones only
5 In conjunction with a non-residential use, such as a church, school, etc. 6 Subject to the provisions of Chapter 9.46
7 In accordance with Section 1250 of the Health and Safety Code 8 In accordance with Section 1502 of the Health and Safety Code 9 In compliance with California Health and Safety Code Section 17021.6, Employee Housing is permitted as an agricultural use.

B. Site Plan Review. Except as specified in subsection C, a site plan (with vicinity map) and building elevations, drawn to scale and reflecting the accurate dimensions of the buildings and property, shall be required of any person seeking to erect new buildings or structures, make additions to any existing buildings or structures, site temporary commercial coaches, or otherwise grade, improve or develop any lot or portion thereof for a permitted use prior to the issuance of any grading or building permit. The site plan shall be accompanied by an appropriate development application and both shall be filed with the community development department. The director or his designated representative shall review the site plan for conformance with the provisions of this title. The site plan shall demonstrate conformance with height regulations, property development regulations, sign regulations or a sign program required by the city for multiple -tenant projects, off-street parking requirements, the adopted City of Lancaster Design Guidelines, any other requirements established for the adopted zoning designation in which the property(ies) is (are) located, and any other applicable city ordinances, standards, guidelines or policies.

In addition to the conditions and requirements imposed by the ordinance codified in this title and other city ordinances, standards, guidelines and policies, the director may place conditions on the approval of the site plan where the director finds that such action is necessary to protect the public health, safety and welfare. At such time as the site plan complies with the requirements of the ordinance codified in this title and other city ordinances, standards, guidelines or policies, the site plan shall be approved by the director or his designated representative.

The site plan approval shall be valid for 2 years from the date of approval. A site plan shall be considered "used" when the slab of a major building in the project is poured and inspected, although circumstances in each case may vary and the final determination as to "use" of a site plan review shall be made by the

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director. Three one-year extensions of the approval may be granted by the director provided such written request for an extension is received not less than 60 days prior to expiration, and any significant environmental changes which have occurred since the original approval have been addressed. Any extension granted shall be conditioned to comply with the city's current design guidelines as adopted by the city council, unless the applicant can demonstrate to the director's satisfaction that such compliance will impose an undue hardship on the project. In the event the site plan or an extension thereof is denied, the applicant may appeal the decision in accordance with Section 17.36.030. All projects constructed in accordance with an approved site plan shall be permanently maintained as approved. Any desired subsequent changes shall be submitted for approval as an amendment to the site plan. Prior to occupancy the site shall be inspected for compliance with the site plan. All improvements shall be installed and functioning before occupancy will be allowed.

When the appropriate development application is filed per subsection A of this section it shall be accompanied by the filing fee established by resolution of the city council.

C. Exempt From Site Plan Review.

1. Site plan review is not required for permitted (P) uses and uses subject to director's review (D) unless otherwise indicated in the uses matrix above.

2. Where the director determines that the requirements of site plan review surpass the city's need for project review of a particular development proposal, the director may exercise discretion and apply the provisions of Article VI of Chapter 17.32, Director's Review, in its place. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 999, § 3, 8-26-2014; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.08.060 Development regulations by building types.

A. Single-Family House on Rural Residential Lot. A single-family house on a rural residential lot is a residence for one household, with its primary entrance accessed through the front yard, on a lot ranging from 20,000 to 100,000 square feet or greater.

1. Development Standards.

Rural Residential Development Standards
ZONES
RR-2.5 RR-1 SRR

SITE SPECIFICATIONS
Minimum lot size (sq. ft.) 100,000 40,000 20,000
Minimum width (feet) 165 110 85
Minimum depth (feet) 250 130 120
BUILDING PLACEMENT (MIN. SETBACKS)
Front yard (feet) 40 30 30
Garage location All garages shall be located at or behind the wall plane where the front entrance is located
Rear yard (feet) 30 25 20
Interior side yard: minimum (feet) 20 15 10
Interior side yard: total sum of two yards (feet) 40 30 25 Street side yard (feet) 40 30 20

BUILDING SIZE AND MASSING
Maximum lot coverage (percentage) 30% 40% 40%

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Maximum building height (feet) 40 40 35

PARKING
Number of parking spaces Per Section 17.08.100

Diagram for Single-family House on Rural Residential Lot — Perspective View

Diagram for Single-Family House on Rural Residential Lot — Site Plan View

B. Single-Family House or Duplex on Residential Lot.

1. Development Standards.

Development Standards

ZONES/LOT TYPE

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R-15,000 R-10,000 R-7,000 SFR
Corner
Duplex

SITE SPECIFICATIONS
Minimum lot size (sq. ft.) 15,000 10,000 7,000 10,000 Minimum width (ft.) 85 70 60 100
Min. width - corner lot (ft.) 100 85 75
Minimum depth (ft.) 120 100 100 100
BUILDING PLACEMENT (MIN. SETBACKS)
Front yard setback (ft.) 20 16 14 16
Porch encroachment Porch may encroach up to 6' into front yard setback Rear yard (ft.) 20 20 15 N/A
Interior side yard: (ft.) 5 5 5 10
Interior side yard: sum of two yards (ft.) 20 15 15 N/A Street side yard (ft.)1 15 15 10 N/A

BUILDING SIZE AND MASSING
Maximum lot coverage (percentage) 40% 40% 50% 45%
Maximum building height (ft.) 35 35 35 35

PARKING
Number of parking spaces Per Section 17.08.100

Notes:
1 Corner lots featuring side yard driveway access require a minimum 20 -foot driveway and street side yard setback.

C. Small Apartment/Condominium Building/Complex (3 to 15 units) and Small Lot Single -Family House or Duplex.

1. Development Standards.

Development Standards*
MDR or HDR ZONE

DENSITY
Minimum density (an applicant may choose to include ADUs and JADUs when calculating minimum density)
MDR: 6.6 du/a
HDR: 15.1 du/ac
Maximum density (ADUs and JADUs shall not be included in the calculation of maximum density. The maximum density may be exceeded on a specific site provided the overall density of the zone does not exceed the maximum.) MDR: 15 du/a
HDR: 30 du/a

SITE SPECIFICATIONS
Minimum lot size (sq. ft.) 6,000
Minimum width (feet) 60
Minimum width - corner lot (feet) 80
Minimum depth (feet) 100

BUILDING PLACEMENT (MINIMUM SETBACKS)
Front yard setback
Fronting local, collector, or other residential street with on-street parking (feet) 0 Fronting local, collector, or other residential street with on-street parking and adjacent to single-family uses along the same street (feet) 8 Fronting arterial street with no on-street parking (feet) 20

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Rear yard (feet) 15
Interior side yard (feet) 10
Street side yard (feet) 15

BUILDING SIZE AND MASSING
Maximum lot coverage (percentage) 50%
Maximum building height within 100 feet of SFR zone (feet) 35 Maximum building height (feet) 55

PARKING
Location of on-site parking Behind the front facade
of the residential
building
Number of parking spaces Per Section 17.08.100

OPEN SPACE
Required usable open space/recreation area Minimum 8% of lot area, minimum 20' width and
depth

LANDSCAPING
Required landscaping (percentage) Minimum 15% of lot area

SOLAR PROVISION
Minimum photo-voltaic kW per unit per Section 17.08.305 0.5 kW * NOTE: These standards may be modified on qualified site developed in accordance with the provisions of California Government Code Title 7, Division 2, Chapter 8 (The Starter Home Revitalization Act of 2021)

a. On-site management shall be provide for apartments 4 units or greater. b. Required amenities for units in a small apartment include in-unit laundry hook-ups. c. Other site amenities may include a barbeque area, pool, recreation courts, and shall be centrally located and easily accessible for residents.
d. Trash enclosures shall meet the following requirements:

1. Trash enclosures shall be located or screened so that they are not visible from primary entrances drive or streets;

2. Trash enclosure shall be a minimum of 165 square feet;

3. Source separation of recyclable materials shall be accommodated in accordance with state requirements;

4. Trash enclosures shall be constructed with a non-combustible, overhanging, trellis or roof cover; and

5. Trash enclosures shall be separated from adjacent parking by at least a 6 -foot wide planter.

D. Large Apartment/Condominium Building/Complex (16 or more units).

1. Development Standards.

Development Standards
MDR or HDR ZONE

SITE SPECIFICATIONS
Minimum lot size (sq. ft.) 6,000

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Minimum width (feet) 60
Min. width - corner lot (feet) 80
Minimum depth (feet) 100

BUILDING PLACEMENT (MINIMUM SETBACKS)
Front yard
Fronting local, collector, or other residential street with on-street parking (feet) 0 Fronting local, collector, or other residential street with on-street parking and adjacent to single-family uses along the same street (feet) 8 Fronting arterial street (feet) 20
Rear yard (feet) 15
Interior side yard (feet) 15
Street side yard (feet) 20

BUILDING SIZE AND MASSING
Maximum lot coverage (percentage) 50%
Maximum building height within 100 feet of SFR zone (feet) 35 Maximum building height (feet) 72

PARKING
Location of on-site parking 40 ft. from front property line
Number of parking spaces Per Section 17.08.100

OPEN SPACE
Required usable open space/recreation area Minimum 8% of lot area, minimum 50' width and
depth

LANDSCAPING
Required landscaping (percentage) Minimum 15% of lot area

SOLAR PROVISION
Minimum photo-voltaic kW per unit per Section 17.08.305. 0.5 kW

a. On-site management and security shall be provided for all large apartment complexes. at a minimum, specific security provisions shall include cameras and alarms or active security guard surveillance.
b. Required amenities for units in a large apartment include in-unit laundry hook-ups, and community pool and recreation room.
c. Other amenities for units in a large multi-family complex may include courts for basketball, tennis or other sports, indoor gym, outdoor dog park, or daycare center. d. All amenities shall be centrally located and easily accessible for residents. e. Trash enclosures shall meet the following requirements:

1. Trash enclosures shall be located or screened so that they are not visible from primary entrances drive or streets;

2. Trash enclosure shall be a minimum of 165 square feet;

3. Source separation of recyclable materials shall be accommodated in accordance with state requirements;

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4. Trash enclosures shall be constructed with a non-combustible, overhanging, trellis or roof cover; and

5. Trash enclosures shall be separated from adjacent parking by at least a 6 -foot wide minimum planter.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1020, § 4, 2-14-2017; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.08.070 Design and performance measures.

Developers shall take the following actions in meeting specific design and performance measures in residential zones. Residential development which meets the objective design standards in Chapter 17.41, Article IV shall be deemed to have met these measures.

A. Site Design. Develop projects that enhance the sense of place and reflect a commitment to functional efficiency, quality, and neighborhood context.

1. Develop innovative designs for new subdivisions that feature pedestrian connections, open spaces, enhanced landscaping, architecture, and streetscapes.

2. Develop innovative designs for residential lot layouts, including wide corner lots, varied setbacks, and minimized visual presence of garages.

3. Design neighborhoods to have distinct entryway features that help define neighborhood character and provide a sense of arrival.

4. Design neighborhoods using "safe by design" techniques to reduce opportunities for criminal activity.

B. Pedestrian Connections and Amenities. Develop residential neighborhoods with safe and attractive pedestrian and bicycle connections to trails, parks, schools, public transit, and other daily uses.

1. Design neighborhoods with street patterns that minimize the walking distance between residential homes and neighborhoods amenities, such as trails, parks and schools.

2. Design open-ended cul de sacs with paseos for pedestrian and bicycle access.

3. Design pedestrian and bicycle paths separated from vehicular paths, to ensure safety and ease of use.

4. Where appropriate, use traffic calming measures to reduce automobile speed within residential developments, including corner bulbouts, tree plantings, enhanced paving at crosswalks, and round-a- bouts.

C. Building Architecture and Form. Provide enhanced elevations for residential structures that contribute to an attractive neighborhood streetscape.

1. Articulate building façades by including variation in massing, roof form, and wall planes.

2. Use multiple colors, materials, textures, and applied finishes to help break up wall massing.

3. Provide distinctive entries, porches, balconies, and window treatment, oriented toward the street.

4. Residential buildings shall use high-quality, tile roofing (concrete, ceramic, etc.), providing aesthetic value and appropriate for withstanding the city's varied climate conditions; asphalt shingle or other roofing material shall be permitted when compatible with existing and surrounding areas and adjacent properties.

5. Garage door shall provide aesthetic value to the home. Roll-up garage door types are permitted, whereas wooden, swing-out garage doors are prohibited.

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6. Builders of new single-family residential subdivisions shall ensure architectural variation by providing a minimum of the following combinations, dependent on the proposed number of residential units in the development:

Proposed number of
residential units
Minimum number of
elevations
Minimum number of floor
plans
Less than 20 units 3 3
20 to 50 units 3 4
50 to 100 units 4 5
100 units or greater 5 5

In no instance should two homes of the same model and floor plan be built adjacent to each other or across the street from each other.

D. Transitions and Buffering. Encourage transitions between proposed higher intensity developments and adjacent, less intensive uses to keep disturbance to a minimum.

1. Step down the heights of structures at the edge of developments to match or complement those in adjacent properties.

2. Enhance buffers with additional width or increased landscaping. Plant trees and shrubs in voids created by wall variations, at an appropriate scale.

3. Vary building setbacks and wall alignments to soften the edge of the development.

4. Provide a clear distinction between public and private spaces, through the use of height separation, fencing, berm, or a combination of these elements.

5. Offset windows from one another between residential units.

E. Open Space and Common Areas. Provide open space and common areas to enhance quality of life, and to encourage opportunities for social gathering and interaction.

1. For single-family residential developments, create centralized pocket parks, connected by trails and pedestrian paths, to serve the neighborhood.

2. For multi-family residential developments, provide centralized open space and community facilities, to serve residents of the development.

3. Create recognizable focal points by using community amenities in public open spaces and other commonly used community spaces.

F. Parking and Access. Minimize the dominant appearances of parking areas and structures, while ensuring functional vehicular access.

1. For multi-family residential developments, locate parking behind residential structures. For developments facing arterial streets, a builder may design a wide, enhanced landscape buffer between the street and parking areas, in circumstances where it is difficult to achieve rear parking placement.

Wherever possible, design parking lots by dividing a large parking lot into a series of smaller, connected lots.

2. Decorate and define parking areas with plants, shrubs, trees, light fixtures, and textured paving to minimize the negative impact of large expanses of asphalt.

3. Provide defined pedestrian pathways between parking areas and residential building entrances.

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4. Permanent parking for recreation vehicles (RVs), boats and other similar large items shall be located behind the front plane of the house.

5. In no instance shall flat, paved surfaces, including driveways, cover more than 50% of a single -family front yard.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.08.080 Infill residential development.

A. Purpose and Intent. The purpose of this section is to implement the city general plan 2030, policy 18.2.1, which encourages appropriate infill development, and specific action 18.2.1(c). Under the guidance of the specific action, a developer may build up to eight residential units per net acre on land zoned R -7,000, provided the developer makes the findings that the proposed infill development would integrate with the surrounding area.

B. Qualification Criteria for Infill Residential Development. Properties zoned R- 7,000 and meeting one of the following criteria qualify for infill residential development of up to eight units per acre:

1. The project site is located within the area bounded by Avenue I, 20th Street East, Avenue L and 30th Street West; or

2. The project site is surrounded by existing development (fully improved with paving, landscaping, curb and gutter, etc.) on all adjoining sides; or

3. The project site is located adjacent to property zoned commercial, office professional, mixed use or light industrial development; or

4. The project site combines four or more adjoining parcels, combining for a minimum project size of five acres.

C. Findings for Infill Residential Development. The following findings shall be made when recommending approval for an infill residential development:

1. The project reduces overall land use fragmentation in the city.

2. The project uses existing infrastructure and minimizes extension of new services and resources.

3. The project is compatible with adjacent land uses and would not adversely affect the health, peace, comfort or welfare of persons residing or working at the adjacent properties.

D. Infill Residential Development Standards. In addition to all other applicable development standards listed in this chapter, infill residential single-family lots shall adhere to the following additional standards specific for small-lot single-family homes:

1. Site Design.
a. Maximize usability of property by minimizing "dead spaces," which can often be found in narrow side yards with limited access.
b. Create privacy by designing windows that minimizes view into an adjacent residential home. Also, design windows of a façade along a zero-lot line facing a neighboring side yard to be small, with a high sill height, typically six feet above the finished floor, or provide windows with translucent glazing.
c. For alley-access small-lot single-family parcels, the developer shall provide a four-foot-wide pedestrian pathway to connect the building entrance to the street sidewalk.

2. Building Design.

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a. A proposed small-lot subdivision must have homes that are distinguished from one another, following the minimum number of model and floor plan combinations as listed in subsection

17.08.070.C.6.
b. Blank, flat wall planes are prohibited. Varied and articulated façades that create visually appealing elevations are required.
c. Provide at least two different rooflines to provide visual interest to the residential structure. d. Roof-mounted equipment is not allowed, with the exception of solar and wind generation systems. Photo-voltaic panels facing the street shall be designed integrated with the house rooftop.

3. Transitions and Buffering.
a. In infill situations, new buildings shall be located in a manner that complements the location of existing buildings on adjacent lots; and not in a manner that would diminish their appearance or that would create a streetscape with dramatically uneven building setbacks. b. All residential buildings, including detached garages, shall maintain a minimum five -foot separation distance from any other structure to ensure adequate clearance area around the structures.
c. Adjacent homes shall not vary more than one-story in height.

4. Patios, Private Yards, Open Space and Common Areas.
a. Each small-lot single-family home shall have a porch area with minimum dimensions as listed in subsection 17.08.060.B.
b. Each small-lot single-family parcel shall provide a minimum of four hundred (400) square feet of usable private yard space with no dimensions less than twelve (12) feet. c. The City may grant a reduction of usable private yard space to two hundred (200) square feet, with no dimensions less than twelve (12) feet, if the developer provides common open space or park elsewhere in the neighborhood that is no further than ¼ mile from the residence, or if there is an existing park within the same distance.

5. Parking and Access.
a. For alley-access small-lot single-family parcels, a garage entrance facing an alley shall ensure a minimum of twenty-six (26) feet from the opposite edge of the alley, for adequate vehicle backup space.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020)

17.08.090 Density bonus.

Density increases and other incentives to encourage the creation of housing affordable to moderate -, low-, and very low-income households, seniors, and other qualifying households in accordance with Section 65915 et seq. of the California Government Code are subject to Chapter 17.41, Article II. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023) Article III. General Site Planning and Project Design Standards

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17.08.100 Parking and Loading.

The automobile parking facilities required by this section shall be provided and permanently maintained unless and until a substitute has been provided which is in full compliance with the provisions of this title.

A. General conditions. All buildings shall have permanently maintained off -street parking and shall apply as follows:

1. No structure or use shall be permitted or constructed unless off-street parking spaces are provided and maintained in accordance with the provisions of this section;

2. When a building is enlarged the required amount of parking spaces shall be provided for that enlargement portion, in accordance with the provisions of this section;

3. When there is an increase in the number of bedrooms (to more than one); or

4. When there is an increase in the number of dwelling units.

B. Fractions. Fractional space requirements for a parking space shall be rounded up to the next whole space.

C. Minimum Number of Required Parking Spaces. Except as necessary to comply with requirements to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities, the following minimum parking standards apply.

1. For sites located within one-half mile of a major transit stop as defined in Section 21155 of the Public Resources Code, no parking is required, except:
a. Event centers shall provide parking for employees and other workers. b. Development projects where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging (except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 5 0519 of the Health and Safety Code) shall provide parking in accordance with the minimum parking requirements of subsection C.2 (see "Parking Requirements by Use" Table). c. Development projects for which, within 30 days of the receipt of a completed application, the city finds that based on a preponderance of the evidence in the record that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on any of the following:
1) The city's ability to meet its share of the regional housing need in accordance with Section 65584 for low- and very low-income households. 2) The city's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to paragraph (7) of subdivision (a) of Section 65583.
3) Existing residential or commercial parking within one-half mile of the housing development project.
d. Subsection (c) above shall not apply for the following projects:
1) Housing development projects that dedicate a minimum of 20% of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
2) Housing development projects that contain fewer than 20 housing units.

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3) Housing development projects subject to parking reductions based on the provisions of any other applicable state law.

2. For sites located more than one-half mile from a major transit stop as defined in Section 21155 of the Public Resources Code, the following number of parking spaces shall be the minimum provided for each new use:

Parking Requirements by Use
Use Number of Required Spaces

1. Single-family house 2 parking spaces within an enclosed garage a. Accessory dwelling unit/Junior ADU See Chapter 17.41, Article I

2. Duplex/triplex/four-plex 2 parking spaces within an enclosed garage for each unit
a. Two-unit project See Chapter 17.41, Article III

3. Apartments, 5 or more units
a. Studio/loft and one bedroom 1 and ½ covered spaces for each unit b. Two or more bedrooms 1 and ½ covered and ½ uncovered for each unit c. Guest parking 1 uncovered space for every 4 units

4. Condominiums 2 parking spaces within an enclosed garage for each unit and 1 guest space for every 4 units

5. Condominiums, mid-rise (3+ stories)
a. Studio/loft and one bedroom 1 and ½ covered spaces for each unit b. Two or more bedrooms 1 and ½ covered and ½ uncovered for each unit c. Guest parking 1 uncovered space for every 4 units

6. Boarding or rooming house, hostel, fraternity or
sorority house
1 uncovered space for each guest room and 2 spaces
within an enclosed garage for resident manager

7.Special needs housing including senior
apartments/condominiums, housing facilities for
persons with disabilities, supportive housing,
transitional housing, and employee housing in
compliance with the Employee Housing Act
1 covered parking space for each unit and 1 guest
space for every 4 units

8. Senior residential care facility 1 space for every 3 beds and 1 space for each resident employee

9. Churches 1 space for each 5 fixed seats or for each 45 square feet of seating area within the main auditorium; 24
inches of bench shall be considered a fixed seat

10. Daycare center (nursery/preschool) 5 spaces per 100 students

11. Elementary and middle school 15 spaces per 100 students

12. High school 26 spaces per 100 students

13. Colleges/universities 33 spaces per 100 students, plus one space per bed in dormitories

Notes:

1. An uncovered parking space shall not include the driveway area for a garage.

2. Parking lots or areas for 10 or more contiguous uncovered vehicle parking spaces shall comply with the requirements of subsection 17.08.090.D (Parking design and performance standards) for design and development of landscaping and surface parking area.

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3. Parking for uses subject to conditional use permit shall meet the requirements specified in the permit or as otherwise provided in this title.

4. Requirements for uses not specifically listed herein shall be determined by the director based upon the requirements for comparable uses and upon the particular characteristics of the use.

5. The number of parking spaces required may be reduced, at the discretion of the director, if the builder can sufficiently demonstrate, through research and analysis that the development warrants fewer parking than is required. Such parking reductions may be granted if the development is located near public transit or if the builder pays in-lieu parking fees for future public parking, transportation, or pedestrian and bicycle trail improvements.

6. For multi-family uses, a private owner retains the right to assign parking spaces for tenants and visitors, provided there are enough parking spaces per city code.

D. Accessible Parking. Housing providers shall adhere to the accessible parking regulations of the American Disabilities Act "ADA," Part 20 of the United States Code of Federal Regulations, and the state building code.

In accordance to these regulations, housing providers shall establish the following number of accessible parking spaces for multiple-family developments:

Total Number of Parking Spaces
in Lot or Garage
Minimum Required Number
of Accessible Spaces
1—25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501—1,000 2% of total
1,001 and over 20 plus one for each 100, or fraction over 1,001

E. Parking Design Standards. The following design and development standards shall be met for development in all residential zones.

1. Location of Parking Facilities.
a. Required off-street parking shall be located on the same parcel as the uses served, unless it can be sufficiently demonstrated that parking from another parcel can adequately serve the project, with a recorded parking agreement between the parcels.
b. Parking facilities other than driveways shall not be located in a required front or street side setback.

2. Access to Parking Facilities and Parking Spaces.
a. Access to Parking Lots. Parking facilities shall be designed to prevent vehicle access at any point other than at designated driveway entrances.
b. Access to Individual Unit Garages. Garages shall be accessed via a minimum 20- foot-length driveway. Garage driveway width shall be minimum 20-foot wide, except for access into tandem

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garages, or rear-located garages (not alley access), in which the driveway width shall be minimum 12-foot, and shall widen or taper as necessary to allow for adequate vehicle access. c. Internal Maneuvering and Queuing. Parking facilities shall provide suitable maneuvering room so that vehicles enter the street in a forward direction, except for lots with 4 or fewer residential units.

3. Parking Space and Facility Dimensions.
a. Individual Unit Garages. Parking spaces within garages shall have minimum dimensions of 10 feet in width and 20 feet in length, clear of any obstructions b. Carports. Parking spaces within carports shall have minimum dimensions of 9½ feet in width and 19 feet in length, clear of any obstructions. c. All Other Parking Spaces. Minimum parking space dimensions shall be as follows, except as shown in the following table and figure.
1) Standard parking spaces shall have a minimum dimension of 9 feet in width by 18 feet in length, except for spaces provided at either a 45 or 30 degree layout, in which the spaces shall have a minimum dimension of 8½ feet in width by 18 feet in length.
2) Up to 35% of the spaces in a parking lot may be compact spaces, with minimum dimensions of 8 feet in width by 16 feet in length. For multi-residential uses, this shall only apply to guest parking spaces.
3) Parallel parking spaces shall be 8 feet by 22 feet, except that spaces that are unencumbered at one end may be reduced to 8 feet by 20 feet. 4) The width of a parking space shall be increased by one foot if either side of the space is adjacent to a wall, fence, support column or other structure, except where the obstruction is limited to the front or rear one-third of the parking space.

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4. Curbing. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided along the edges of parking spaces adjacent to fences, walls, sidewalks, other structures, and landscaping. a. Alternative barrier designs may be approved by the director. b. Parking spaces adjacent along their length to landscaped areas or other similar surfaces shall incorporate a paved extension of the curb measuring 12 inches (for a total of 18 inches) to provide a place to stand while exiting and entering vehicles. c. Although discouraged, wheel stops may be installed as determined by the director, in the uncommon circumstance where there is no curbing or landscaping that buffer parking spaces from a fence or other structures. The wheel stop shall be located in a manne r that prevents a vehicle from colliding into a fence, or other structures. d. Curb design and installation shall comply with national pollution discharge elimination system (NPDES) standards where applicable.

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5. Directional Arrows and Signs (except single-family detached):
a. Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. b. The director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.

6. Access to Public Right-of-Way. Each vehicular passage of any parking or loading facility to or across a public right-of-way shall comply with the following requirements:
a. No such curb cut may exceed 24 feet in width for single-family residential uses, or 35 feet for multi-family residential uses, unless as approved by a director's review. Curb cut is defined as the flat bottom dimension for the driveway, excluding wings. b. Wherever feasible, curb cuts serving adjacent uses shall be combined to minimize the number of entrances onto arterial and collector streets.
c. Only one curb cut may be installed for any parking or loading facility, provided that additional curb cuts may be allowed if the city engineer determines that each such additional curb cut is necessary for the efficient operation of the facility and will not significantly affect capacity and traffic safety.
d. Curb cuts for any circular driveway or multiple driveways on the same lot must meet the following requirements:
1) The curb cuts of circular or multiple driveways must be at least 20 feet apart. 2) The combined width of the curb cuts shall not exceed 40% of the lot frontage. e. Any curb cut on a corner shall be located at the farthest point on the lot from the curb return.

7. Striping and Identification (except single-family residential). Parking spaces shall be clearly outlined with 4-inch wide lines painted on the surface of the parking facility. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement. Double-striping outlining of parking spaces is also permitted, using the mid -point of the double-striped area as the measurement of the parking space width.

8. Grade of Parking Facilities. Parking facilities should not exceed a grade of 5%.

9. Parking Lots as a Transitional Use. Parking lots may be permitted in the residential zones as a transitional use, provided:
a. In the RR and R zones:
1) The area used for parking adjoins or is separated only by an alley from property in a multiple-family, commercial, or industrial zone; and
2) Parking shall be limited to an area within 100 feet from the boundary of the qualifying multiple-family, mixed use, commercial or industrial zone. b. In the MDR and HDR zones:
1) The area used for parking adjoins or is separated only by an alley from property in a commercial or industrial zone; and
2) Parking shall be limited to an area within 100 feet from the boundary of the qualifying multiple-family, mixed use, commercial or industrial zone.

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3) An area developed with parking shall have direct vehicular access to an improved public street, highway, alley, or to the qualifying multiple-family, mixed use, commercial or industrial zone.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.08.105 Two-unit projects.

A. Two-unit projects proposed in accordance with Government Code Section 65852.21 are subject to Chapter

17.41, Article III.
(Ord. No. 1087, § 3(Exh. A), 12-14-2021; Ord. No. 1106, § 4(Exh. A), 10-10-2023) Editor's note(s)—Ord. No. 1087, § 3(Exh. A), adopted Dec. 14, 2021, enacted provisions designated as § 17.08.100; however, inasmuch as that section already exists, said provisions have been redesignated as § 17.08.105 at the discretion of the editor.

17.08.110 Landscaping.

A. Landscaping in General.

1. Landscape designs shall be consistent throughout a project site. A combination of landscape materials should be arranged in a harmonious manner as an integral part of project design to enhance building design, public view, and interior spaces and provide buffers and transitions as needed. Unrelated and random choice or placement of plant materials shall be avoided; however, variety may be employed to intensify distinction between spaces or to strengthen a sense of place or movement, or to promote energy and water conservation and mitigate erosion.

2. The type, scale and proportion of landscape materials shall be appropriate to the site and/or structures to which they relate.

3. Plant material shall be selected for interest in its structure, texture, color, ultimate growth and water efficiency. Plants that are native or climate adaptive to the high desert area of Lancaster and/or others that will be hardy, harmonious with project design and of good appearance shall be used.

4. Utilize trees and landscaping wherever possible to shade buildings as a means of enhancing energy conservation.

B. Objective Landscaping Standards.

1. Drought-resistant varieties of plants shall be used in accordance with Title 8, Chapter 8.50, Landscaping Installation and Maintenance; Title 8, Chapter 8.30, Residential Landscaping Installation and Maintenance; and Title 15, Chapter 15.48, Specifications for Landscape Development of the Lancaster Municipal Code.

2. Landscaped areas shall be irrigated by an automatic system with separate stations for each hydrozone.

The irrigation system shall be designed and equipped to incorporate water conservation techniques, such as drip systems, moisture sensors and anti-drain valves. Sprinkler systems shall be designed to prevent water from falling onto impervious surfaces. The system shall comply with Title 8, Chapter

8.50, landscaping installation and maintenance; Title 8, Chapter 8.30, residential landscaping installation and maintenance of this code.

3. All areas which are not utilized for buildings, sidewalks, vehicle access, or parking, shall be permanently landscaped and maintained.

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4. All landscaped planters for interior parking areas shall be completely bordered by a 6 -inch concrete curb to prevent runoff.

5. Required Landscaping. The following basic standards shall be observed:
a. All interior areas of parking lots shall be landscaped with a minimum of one shade tree plus one shade tree for each 4 parking spaces along with other required plant materials. b. The minimum required landscaping for parking lots shall be the percentage shown below of the total area used for vehicle ingress, egress, circulation and parking. Only landscaped areas exclusive of curbs shall qualify toward meeting this requirement and no landscaped area with a dimension of less than 2 feet shall be credited toward meeting the landscape requirement.

Size Minimum Percentage of Landscaping
Required
1—4,999 square feet 5%
5,000—19,999 square feet 6%
20,000 or more square feet 7%

c. Where off-street parking areas abut local or collector public streets, such areas shall be separated from an abutting street by a continuous landscaped planter which extends parallel to the street frontage of the parking area. The planter shall be a minimum of 10 feet in width exclusive of perimeter curbs. Up to one-half of the area of this required landscape planter may be counted toward fulfilling the requirements of the required landscaping for lots under 20,000 square feet.

6. All landscaped areas shall be continuously and properly maintained in good condition.

7. At least 25% of all trees installed shall be from a 24-inch box, and no tree shall be less than 15 gallon size. At least 50% of all shrubs shall be of 5-gallon size, and no shrub shall be less than one-gallon size.

Ground covers shall be planted at no further apart than 6 inches on center.

8. Multiple family residential developments shall comply with the provisions of Chapter 8.30.

9. Single family residential developments shall comply with the provisions of Chapter 8.30. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.08.120 Signs.

A person shall not use any sign except as specifically permitted in this section and subject to all regulations and conditions set forth in this title. The following signs are permitted in the residential zones except where specific references limit certain uses to the RR, R, MDR or HDR zone.

A. Signs in General.

1. Address. Street numbers of all buildings shall be prominently located and of sufficient size, lighted or illuminated during hours of darkness, to be easily read from the street by public safety personnel in accordance with city standards.

2. Building Identification Signs. One illuminated wall-mounted sign not to exceed 6 square feet in sign area shall be permitted on a lot which contains 3 dwelling units or more, in the MDR and HDR zones only. No such signs may be illuminated by an exposed incandescent lamp and any continuous or sequential flashing operation is prohibited.

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3. Directory Diagram. A multiple-family residential development consisting of 6 or more dwelling units shall have posted at or near the primary entrance to the building or buildings a brief descriptive directory diagram which clearly indicates the numerical, alphabetical or identification pattern or layout showing the location of each dwelling unit, including floor levels and access patterns. Such diagram shall be of a size to be easily readable by a person with normal vision (text shall be a minimum 12 point font), shall be illuminated during the hours of darkness, and shall be protected from the elements by being placed in a permanent glass or transparent plastic covered device.

4. Project Identification Signs. One wall or monument sign may be permitted for a multiple -family development or project which contains 10 dwelling units or more. Such sign shall not exceed 20 square feet of total sign area or 8 feet in height measured vertically from the average ground level at the base of the sign. If, in the opinion of the director, the project requires more than one such sign and there are more than 25 dwelling units in the project, the director may then approve a second project identification sign of equal area for a particular project. No such signs may be illuminated by an exposed incandescent lamp and any continuous or sequential flashing operation is prohibited.

5. Prohibited Signs. The following signs shall be prohibited in the R zones and may not be included in any sign plan.
a. Any notice, placard, bill, card, poster, sticker, banner, sign, advertising or other device calculated to attention of the public which any person posts, prints, sticks, stamps, tacks or otherwise affixes upon any street, right-of-way, crosswalk, curb, lamppost, hydrant, tree, telephone or lighting system, or upon any fixture in the public right-of-way. b. Any strings of pennants, banners or streamers, clusters of flags, strings of twirlers or propellers, flares, balloons, and similar attention-getting devices, including noise-emitting devices, with the exception of the following, not intended for advertising use: holiday decorations in season used for an aggregate period of 60 days in any one calendar year, or national, state, or other governmental or institutional flags properly displayed.

6. Signs for Uses Subject to Conditional Use Permit. The planning commission may approve signs it deems appropriate for the use. In cases where the commission does not specifically approve signs, the maximum dimensions that may be authorized in the residential zones are as follows:
a. A sign face area of 25 square feet, or a total sign area of 50 square feet; and b. A height of 8 feet.

B. Temporary Signs. Temporary signs, such as real estate "for sale" or "for lease" signs may be permitted in the residential zones subject to the following restrictions:

1. Area Permitted. Temporary signs that are posted for less than 90 days shall not exceed 16 square feet in sign area (one-sided) or 32 feet in total sign area (2-sided) as defined in Section 17.04.240. An applicant proposing a temporary sign for more than 90 days shall obtain a temporary sign permit, with the requirement that the sign shall not exceed 32 square feet in sign face area or 64 square feet in total sign area.

2. Height Permitted. Freestanding temporary signs shall not exceed 6 feet in height.

3. Lighting. Temporary signs shall not be lighted.

4. Placement. Temporary signs shall not be placed on public property, including all public right -of-ways, or in any manner than would endanger the public.

5. Prohibited Temporary Signs. All prohibited signs as listed in subsection A.5.

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6. Duration. No temporary sign shall be posted for more than 90 days without obtaining a sign permit pursuant to this section. No sign permit for a temporary sign shall be valid for more than a year. Upon written request for an extension, the director may grant an extension for up to one additional year upon finding that the sign is otherwise in compliance with the requirements of this section et seq. and that the extension is necessary to accomplish the purposes for which the sign has been posted. No additional extensions may be granted. All temporary signs shall be removed within 14 calendar days after the event. The date of the posting shall permanently and legibly marked on the lower right -hand corner of the sign face.

7. Permit Required. Any person who proposes to post or erect a temporary sign for more than 90 days shall file an application for a sign permit with the planning department. The applicant shall also file a statement of responsibility as required in subsection I.

8. Standards for Approval.
a. Within 7 working days, the director or his designated representative shall act upon the application for a temporary sign permit.
b. The action on the application shall be based on character, location and design, including design elements such as material, letter style, colors, sign type or shape, and the provisions of Section

17.08.110 et seq.
c. If the action is to disapprove, the notice of disapproval shall specify the reasons for disapproval.

9. Statement of Responsibility. Each person desiring to post or erect a temporary sign, regardless of duration, shall submit to the planning department, a statement of responsibility in a form approved by the director with a description sufficient to identify the temporary sign, the location of the sign to be posted, and certifying a named individual who is responsible for removing each temporary sign. In the event the responsible individual fails to remove the temporary sign as required by this section, the temporary sign shall be deemed abandoned and may be removed by the city, the cost of which removal shall be payable by the responsible individual.

10. Removal of Unauthorized, Non-Maintained or Dangerous Signs. a. Temporary signs posted for which a statement of responsibility has not been submitted, and a required permit has not been obtained, are subject to immediate removal by the city without compensation. The city may also pursue legal action under Section 17.0 4.220. b. Temporary signs which are deemed by the city to constitute a threat to the public health and safety are subject to immediate removal by the city without compensation or prior notice. (Some examples might include signs which are not secured against the win d or were placed in a manner which would interfere with the vision of drivers or pedestrians.) The city's cost of removal shall be payable by the responsible individual.
c. Temporary signs for which a statement of responsibility has been submitted, and a required permit has been obtained, and which do not pose a threat to public health and safety are otherwise posted in violation of Section 17.08.110 et seq. shall be subject to removal in accordance with the following procedures:
1) The city shall provide written notice to the responsible individual for each temporary sign established pursuant to subsection I.
2) The sign in violation of Section 17.08.110 et seq. shall specify the nature of the violation and shall direct the responsible individual to remove or alter such temporary sign. 3) If the responsible individual fails to comply with the notice within 3 working days after such notice is mailed, the sign shall be deemed abandoned, and may be removed by the city.

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4) The responsible individual shall pay the city for the cost of the sign removal.

C. Subdivision Sales Signs. Temporary subdivision sales signs, entry signs and special feature signs shall be accompanied by site plan or other pertinent information and approved by the director in order to be permitted in all zones.

1. Subdivision Sales Signs.
a. One freestanding subdivision shall be allowed per street frontage. b. Sign Area. The sign face shall not exceed 180 square feet per sign face or 360 square feet in total sign area.
c. Height Permitted. Twelve feet measured vertically from ground level at the base of the sign. d. Location. Each sign shall be located on the subdivision and be oriented to read from the street or highway where the sign is permitted. The distance between subdivision signs shall be a minimum of 500 feet.
e. Lighting. Subdivision signs may be internally or externally lighted. Continuous or sequential flashing is not allowed.
f. Time Limit. Subdivision sales signs shall be maintained only until all the property is disposed of, or for a period of 3 years from the date of issuance of the first building permit. The approved sales sign shall be removed at the end of the 3-year period. The director may extend the permitted time beyond 3 years, if needed by the owner of the property. The owner must make the request in writing.
g. Copy. All copy shall relate exclusively to the subdivision being offered for sale.

2. Subdivision Entry and Special Feature Signs.
a. Such signs are permitted and shall be located within a subdivision to facilitate entry and movement.
b. Sign Area.
1) Subdivision Entry Signs. The sign face shall not exceed 12 square feet per sign face or 24 feet in total sign area.
2) Special Feature Signs. The sign face shall not exceed 6 square feet per sign face or 12 feet in total sign area.
c. Height Permitted.
1) Subdivision Entry Signs. Shall not exceed a maximum height of 8 feet measured from the base of the sign.
2) Special Feature Signs. Shall not exceed 6 square feet in sign area or 12 square feet in total sign area.
d. Lighting. Signs shall be unlighted.
e. Time Limit. Shall have the same time limit as subdivision sales signs approved for the same tract and shall be removed at the end of such period.

3. Subdivision Kiosk Signs.
a. Contents of Application. An application for a subdivision kiosk sign shall be filed as a director's review, and shall contain the following information:
1) A scale drawing of the proposed sign;

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2) Proposed location of the sign, including distance from adjacent streets and public sidewalks;
3) The proposed colors of the sign.
b. Development Standards. All subdivision kiosk signs shall be of a consistent design and shall comply with the following standards:
1) Height. The overall height of the sign shall not exceed 10 feet, measured form the ground level at the base of the sign.
2) Width. The overall width of the sign shall not exceed 6 feet. 3) Individual Sign Panels. Individual sign panels shall not exceed one foot in width and 6 feet in length. Copy on sign panels shall be limited to the name of the subdivision and/or builder, and a directional arrow.
4) Location. Signs may be located on either public or private property, provided that the appropriate agency or property owner has given their written consent. Signs shall not obscure required line of sight visibility for motorists or pedestrians. 5) There shall be no additions, tag signs, streamers, flags, banner devices, display boards, or appurtenances added to the signs as originally approved. Further, no other directional signs shall be used, including but not limited to posters or portable outdo or advertising signs.
6) Subdivision directional signs may advertise tracts either within the city limits or within that portion of the county which is within the city's sphere of influence. c. Approval Process.
1) Approval Authority. Application shall be reviewed and approved by the planning department.
2) Building Permit. The applicant shall obtain all necessary construction permits from the public works department.
3) Separate Agreement. The city may, at its discretion, enter into an agreement with a private entity for the purpose of erecting and maintaining subdivision kiosk signs. Such agreement shall be consistent with the provisions of this section, but may also establish other requirements not specifically addressed by this section. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.08.130 Fences, Walls, and Screening.

A. Purpose. This section provides regulations for the installation, construction and placement of fences on private residential property. For the purpose of this zoning code, the term "fence" includes fences, hedges, walls or other structures with the functions and characteristics of a fence.

B. Placement of Fences and Walls.

1. Fences and walls shall be located behind the property line and behind any utilities or shall be located at least 12 feet behind the face of the curb, or as indicated on any recorded property documentation depicting the location of said utilities.

C. Measurement of Fence and Wall Height.

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1. Fence height shall be measured as the vertical distance between the finished grade from the base of the fence to the top edge of the fence material.

2. Where the ground elevation within 6 feet of the base of a fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the highest natural grade. (See Section 17.28.030).

D. Fence Height Limits.

Location Maximum
Height
Within front yard setback or corner lot side yard setback located at or behind the property line
4 feet
Within side or rear yard setback or along/behind corner lot side yard setback located at or behind the property line
6 feet

E. Consideration for Additional Height. A fence or wall may be constructed to a height in excess of the limits established by subsection 17.08.130.D. with a director's review. The director's review may increase the maximum height regulations not to exceed 25% of the amount specified in Section 17.08.130.D. The director's review shall require that the applicant make the following findings, in addition to the findings required for a director's review listed in Chapter 17.32:

1. The issuance of the permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights or the full use and enjoyment of the property.

2. The fence will not create a safety hazard to pedestrians or vehicular traffic.

3. The appearance of the fence is compatible with the design and appearance of other existing buildings and structures within the neighborhood.

4. The orientation and location of the fence is in proper relation to the physical characteristics of the site and the surrounding neighborhood.

5. The fence will be of sound construction.

F. Fencing for New Production Homes. Fencing for new production homes shall be a masonry wall, adjacent to the rear and side yards, up to 6 feet in height. For the purposes of this standard, "new production homes" means homes that are being, or are proposed to be, constructed as part of a residential subdivision that includes 3 or more lots. The director may approve alternative fencing materials that provide comparable aesthetics and durability.

G. Subdivision Perimeter Walls. A wall shall be constructed along the perimeter of a subdivision in accordance with the standards of Title 16, Chapter 16.20, Article IV (Residential Subdivision Perimeter Treatment).

H. Prohibited Fence Materials. The use of barbed wire, razor wire, electrical fence, glass and other similar objects of a hazardous characteristic shall not be permitted for residential uses. (Ord. No. 989, § 1, 4-9-2013; Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

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17.08.140 Outdoor Lighting.

The intent of this requirement is to properly illuminate the site without producing an adverse impact on neighboring property. Exterior lighting of the building and site shall be provided, maintained and utilized during the hours of darkness in accordance with the following requirements:

A. Outdoor Lighting in General.

1. Lighting shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be compatible with the building design.

2. Lighting shall be placed to provide adequate illumination for security and safety.

3. Lighting used to illuminate the premises shall be directed away from adjacent properties.

4. Lighting shall be designed and located in a manner that prevents glare onto adjacent properties. (Ord. No. 989, § 1, 4-9-2013)
Article IV. Standards for Specific Land Uses

17.08.150 Purpose and Applicability.

A. Purpose. This article provides site planning, development, and/or operating standards for certain land uses that are allowed within the residential zones, and for activities that require special standards to mitigate their potential adverse impacts. The land uses and activities covered by this article shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this zoning code.

B. Applicability.

1. Where Allowed. The uses that are subject to the standards in this article shall be located in compliance with the requirements of this chapter.

2. Land Use Permit Requirements. The uses that are subject to the standards in this article shall be authorized by any required and applicable land use permit.

3. Development Standards. The standards for specific uses in this article are required in addition to those listed elsewhere in the residential chapter of the zoning ordinance. In the event of any conflict between the requirements of this article and those listed elsewhere in the residential chapter of the zoning ordinance, the specific requirements under this article shall take precedence. (Ord. No. 989, § 1, 4-9-2013)

17.08.160 Residential Accessory Uses and Structures.

The development criteria set forth in this section are intended to provide minimum standards for accessory buildings or structures. Accessory buildings and structures may only be constructed on a lot containing a main dwelling unit. Whenever there is a conflict between these standards and the city's building code, the most restrictive requirement shall apply.

A. Standards for Residential Accessory Uses and Structures.

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Structure Type Maximum Height Distance From
Interior/Rear
Property Lines
Distance From
Main Dwelling Unit
Other Notes

1. Attached
accessory
structures (patio,
etc.)
One story or 12 feet 5 feet N/A • Shall remain
permanently
unenclosed on at
least 2 sides,
excluding the
placement of
detachable screens

2. Detached
accessory
structures less than
120 sq. ft. (small
shed, etc.)
8 feet 0 feet 6 feet

3. Detached
accessory
structures greater
than 120 sq. ft.
(shed, gazebo, etc.)
One story or 12 feet 5 feet 6 feet

4. Detached
garages (without
2nd story living area)
16 feet 0 feet 6 feet • Detached garages
built to the
property line shall
not result in
drainage onto
neighboring
properties

5. Swimming pools
and spas
N/A 5 feet 6 feet

6. Accessory
structure and
equipment (air
conditioner units,
pool equipment,
etc.)
6 feet 5 feet 0 feet

Other notes:
• For accessory buildings that are used for living or sleeping space, see Chapter 17.41, Article I for accessory dwelling units and junior accessory dwelling units regulations. • No more than 50% of the required rear yard shall be covered by roofed structures. Infill residential lots (smaller than 7,000 square feet) may have up to 60% of the rear yard covered by roofed structures.

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B. Projections Permitted into Yards. The following projections are permitted in a required yard:

1. Eaves, cantilevered roofs, awnings and similar architectural features may project a maximum distance of 2½ feet into any required front or side yard or 5 feet into a rear yard, provided that such features shall maintain a minimum distance of 3 feet to any property line and are not less than 8 feet in height above grade. Such appendages shall be supported only at or behind the building setback line.

2. Fireplace structures (meeting all requirements of the current state building code), bay windows (not wider than 8 feet measured in the general direction of the wall of which it is a part), fire escapes, exterior stairs, and landings, buttresses and wing walls may project a maximum distance of 2½ feet into any required yard, provided that such features shall maintain a minimum distance of 3 feet to any property line. Such structures shall not be utilized to provide closets or other usable floor area.

3. Decks, platforms, covered and uncovered porches, and landing places including access stairs, which exceed an average height of 2½ feet and do not extend above the level of the first floor may project a maximum distance of 2 feet into required interior side yards, and a maximum distance of 5 feet into required front and side yards, provided such features shall maintain a minimum distance of 3 feet to any property line, and that an open-work railing installed shall not exceed 3½ feet in height.

4. Walls and window-mounted air conditioners, coolers, and fans may be used in any required interior or side yard provided that such equipment shall maintain a minimum distance of 3 feet to any property line.
(Ord. No. 989, § 1, 4-9-2013; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

17.08.170 Cargo Container Storage.

All cargo container uses, except those use by a public agency or entity, or by a non- public or private school, shall comply with all pertinent city codes, ordinances and regulations in addition to the following conditions:

A. Cargo Containers as Accessory Buildings or Structures. Cargo containers may be used as accessory buildings or structures in the RR-2.5 and RR-1 zones, subject to the following:

1. Containers shall be located only to the rear of the main building, in which a permissible use is occurring;

2. Containers shall only be used for incidental uses that are permissible in the zone;

3. Containers shall not be used for commercial purposes or in conjunction with commercial activities;

4. Containers shall not be closer than 50 feet to any property line;

5. Containers shall not be stacked on top of each other or on any other structure;

6. Containers shall not encroach upon, block, obstruct, or reduce in any manner any required exits, windows or vent shafts of structures, or any parking spaces, driveways, private streets, or public rights of way;

7. Containers shall not be used for human habitation or occupied by individuals for any reason;

8. Containers shall not have any electrical, plumbing, heating or air conditioning installations or systems, and shall not be connected to a power source;

9. Containers shall not be unsightly, graffitied, or damaged;

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10. Refuse, garbage, trash and debris, as well as hazardous substances, as defined by state or federal law, shall not be placed or stored in, against, on, or under a cargo container at any time;

11. Containers shall require a container permit. The number and location of cargo containers used as accessory buildings or structures in the RR-2.5 and RR-1 zones shall be subject to the review and prior written approval of the directors of planning and housing and neighborhood revitalization, or their duly authorized representatives. Upon such approval, compliance with all conditions of approval, and payment of a container permit fee in an amount established by city council, a container permit shall be issued.

B. Cargo Containers as Temporary Storage. Cargo containers may be used as temporary structures in the R and RR zones, including the following:

1. Storage of materials for public works and other infrastructure improvements. a. Storage of materials and construction equipment used in construction or maintenance of streets and highways, sewers, storm drain, underground conduits, flood control works, pipelines and similar uses, shall not exceed a period of one year.

2. Storage of building materials for temporary construction. a. This includes storage of building materials, machinery and equipment used in conjunction or development project undertaken pursuant to an active building permit. Storage shall be on the lot or parcel which is part of the project, or on property adjoining the construction or development site with the written consent of the property owner. Storage shall not occur until the building permit is obtained. Storage shall be removed within 30 calendar days after the permit is expired, revoked, or finalized. b. Cargo containers may be used for the temporary construction storage described in subsection A. A cargo container approved pursuant to this subsection shall not require a separate permit. The number and location of cargo containers used for temporary construction storage shall be subject to the review and prior written approval of the building official and directors of planning and housing and neighborhood revitalization or their duly authorized representatives. Application for approval of cargo container s for temporary construction storage shall be made on a city-approved form and shall indicate the number of the building permit obtained for the construction or development project for which the temporary construction storage is requested, the size of each cargo container, the proposed location of each container on the property, and the date on which each container shall be placed on the property.
c. The time period for which a cargo container may be used for temporary construction storage is limited to the time when the building permit is active. An active building permit means one that has not expired, been revoked, or been finalized. Cargo containe rs used for temporary construction storage shall be removed from the property within 30 calendar days of the expiration, revocation or finalization of a building permit. d. Cargo containers used for temporary construction storage shall not exceed 8 feet in width, 8 feet 6 inches in height, and 40 feet in length.
e. Cargo containers used for temporary construction storage shall conform to the following standards:
1) Cargo containers shall be set back a minimum of 5 feet from any property line and a minimum of 10 feet from any structure.
2) Cargo containers shall not be stacked on top of each other or on any other structure.

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3) Cargo containers shall not encroach upon, block, obstruct, or reduce in any manner any required exits, windows or vent shafts of structures, or any parking spaces, driveways, private streets, or public rights of way. 4) Cargo containers shall not be used for human habitation or occupied by individuals for any reason.
5) Cargo containers shall not have any electrical, plumbing, heating or air conditioning installations or systems, and shall not be connected to a power source.
6) Refuse, garbage, trash and debris, as well as hazardous substances, as defined by state or federal law, shall not be placed or stored in, against, on, or under a cargo container at any time.

3. Storage of household materials during remodeling or other construction work. a. This includes temporary storage of household materials, including but not limited to furniture, appliances, household electronics, clothing and other items of personal property, when a structure is undergoing rehabilitation, repair, remodeling, alteration or other construction work under an active building permit.
1) The number and location of cargo containers used for temporary household storage shall be subject to the review and prior written approval of the building official and directors of planning and housing and neighborhood revitalization or their duly authorized representatives. A cargo container approved under this subsection shall not require a separate permit. Application for approval of cargo containers for temporary household storage shall be made on a city - approved form and shall indicate the number of the building permit obtained for the repair, remodeling, alteration or other work for which the temporary household storage is requested, the size of each cargo container, the proposed location of each container on the property, and the date on which each container shall be placed on the property.
2) The time period for which a cargo container may be used for temporary household storage is limited to the time when the building permit is active. An active building permit means one that has not expired, been revoked, or been finalized. Cargo containers used for temporary construction storage shall be removed from the property within 30 calendar days of the expiration, revocation or finalization of a building permit.
3) Cargo containers used for temporary household storage shall not exceed 8 feet in width, 8 feet in height, and 16 feet in length.
4) Cargo containers used for temporary household storage shall conform to the standards set forth in subsection B.2.e.

4. Emergency storage of household materials due to disaster circumstance. a. Cargo containers used for emergency household storage shall require a container permit.

The number and location of cargo containers used for emergency household storage shall be subject to the review and prior written approval of the directors of planning and housing and neighborhood revitalization, or their duly authorized representatives. Upon such approval, and payment of a container permit fee in an amount established by city council, a container permit shall be issued.

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b. Cargo containers may be used for emergency household storage for a period not to exceed 15 calendar days. This use may be extended for an additional 10 calendar days upon the prior written approval of the directors of planning and housing and neighborhood revitalization.
c. Cargo containers used for emergency household storage shall not exceed 8 feet in width, 8 feet in height, and 16 feet in length.
d. Cargo containers used for emergency household storage shall conform to the standards set forth in subsection B.2.e.

5. Storage of household materials used for relocation.
a. Cargo containers used for relocation storage shall require a container permit. The number and location of cargo containers used for relocation storage shall be subject to the review and prior written approval of the Directors of planning and housing and neighborhood revitalization, or their duly authorized representatives. Upon such approval, and payment of a container permit fee in an amount established by city council, a container permit shall be issued.
b. Cargo containers may be used for relocation storage for a period not to exceed 15 calendar days. This use may be extended for an additional 10 calendar days upon the prior written approval of the directors of planning and housing and neighborhood revitali zation. c. Cargo containers used for relocation storage shall not exceed 8 feet in width, 8 feet in height, and 16 feet in length.
d. Cargo containers used for relocation storage shall conform to the standards set forth in subsection B.2.e., except as provided in f. of this subsection. e. Cargo containers used for relocation storage may be placed on driveways.

C. Existing Cargo Containers.

1. Cargo containers that are present on private real property, for any use or purpose, on the effective date of this section shall be removed within 6 months from the effective date, unless the property owner obtains the requisite approvals and permits in conjunction with temporary uses allowed in subsection B and otherwise complies with all regulations pertaining to cargo containers.

2. This subsection does not apply to cargo containers that are present on real property located in RR-2.5 and RR-1 zones, provided they are brought into conformance with the requirements of subsection B.2.e.

D. Exceptions. Except as provided in subsection A, cargo containers shall not be used as accessory buildings or structures, and shall not be placed, maintained or used on private real property at any time except as permitted in conjunction with temporary uses allowed in subsection B. This provision does not apply to the following real property:

1. Real property owned, leased, rented, occupied or used by a public agency or entity;

2. Real property owned, leased, rented, occupied or used by a non-public or private school. For purpose of this subsection, "non-public school" means a private, non-sectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the state department of education. For purposes of this subsection, "private school" means a full-time day school that provides instruction in the several branches of study required to be taught in the public schools of the state, by persons capable of teaching, and that files an annual private school affidavit as required by the state department of education. For purposes of

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this subsection, "private school" does not include a school that provides instruction in building used for residential purposes. A non-public or private school is not exempt unless it is operating in conformity with all pertinent land use and technical code regulations.

3. Real property utilized for the placement of cargo containers that are used exclusively for the storage of emergency supplies to be used for the benefit of the public by a recognized governmental agency, such as the county fire department, in the event of a disaster or emergency situation. Placement of a cargo container for the storage of private supplies is not included in this exemption. Placement of cargo containers for this purpose shall be approved through a director's review.
(Ord. No. 989, § 1, 4-9-2013)

17.08.180 Animal Keeping.

A. Purpose. Regulations governing animals for the personal use of the family residing on the premises are established in order to provide for the keeping of domestic and wild animals where accessory to the residential use of the property as opposed to maintenance for commercial purposes. The following regulations presume a reasonable effort on the part of the animal owner to recognize the rights of surrounding neighbors by maintaining and controlling animals in a safe and healthy manner.

B. Keeping of Large Animals in Residential zones.

1. Applicability. The keeping of large animals, such as horses, cows, and similar animals are permitted in Rural Residential zones and the number of animals shall not exceed a total of 8 animals per lot, unless otherwise indicated.

2. Pigs are permitted as follows:
a. Pigs shall be permitted on Rural Residential zones with lots or parcels of land greater than one acre in area, at a ratio of one pig per acre.
b. They shall not be located not less than 150 feet from any highway and not less than 50 feet from the side or rear lot lines of any lot or parcel.
c. They shall not be fed any market refuse or anything other than table refuse from meals consumed on the same lot or parcel of land or grain.

3. Roosters shall be permitted on Rural Residential zones with lots or parcels of land greater than one acre in area, at a ratio of one rooster per acre.

C. Keeping of Small Animals.

1. The keeping of small animals, such as sheeps, goats, dogs, rabbits, reptiles, aquatic animals, birds and similar animals are permitted as indicated on the table below.

Zone Aquatic
Animals,
Birds,
Rabbits,
Reptiles, &
Rodents
Dogs Cats Other Small
Animal
(Including
Poultry)
Total
Number of
Animals per
Parcel
or Lot

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Lancaster City CouncilOctober 14, 2025

Lancaster City Council
October 14, 2025